CLP3 Dispute Resolution Processes

What is this subject about?

This subject is designed to enable students to identify and evaluate the main dispute resolution processes applicable in commercial matters and develop effective pre-trial strategies.

The subject aims to provide the knowledge and skills needed to advise clients on strategy, risk and success prospects.

What will I learn while studying this subject?

At the end of this subject you will be able to:

• identify and evaluate the main dispute resolution methods available for use in commercial disputes
• originate effective pre-trial or resolution strategy
• formulate detailed cost estimates for each stage of the dispute resolution process
• demonstrate appropriate judgment in respect of interlocutory applications and make or respond to those applications
• advise a client on a given dispute including strategy, risks, costs and success prospects
• prepare and manage evidence for trial, including expert evidence
• manage the hearing or resolution process
• document offers and resolution outcomes effectively

Topics in this subject will include:

• Case analysis and strategy
• Case management systems
• Seeking injunctive relief
• Dispute resolution options
• Negotiation
• Mediation
• Expert determination
• Commercial arbitration
• Preparation of evidence
• Expert evidence
• Preparation for and managing the hearing

How will I be assessed?

Assessment in this subject will be based on:

• satisfactory participation in the program
• preparing court documents (20%)
• drafting affidavits (20%) 
• written open-book exam (60%)