Course overview
The aim of this course is to provide students with skills sufficient to resolve civil disputes through a range of dispute resolution strategies with a focus on mediation and to understand and apply the Uniform Civil Rules 2020 (SA) to the litigation of a civil matter in the courts. Civil justice and the dispute resolution framework. Principles and practice concerning the resolution of civil disputes through mediation. Contemporary developments in dispute resolution. Triaging of disputes and the interaction between various dispute resolution processes. Jurisdiction. Pre-trial investigations, Interlocutory Injunctions, and Limitation periods. Case Management and the joinder/disjoinder of parties. Pleadings and Affidavits. Disclosure and production of documents; Confidentiality and Privilege; accessing further information; subpoenas. Trial, judgment, re-litigation and costs. Ethical duties and issues for civil litigation lawyers. Costs.
Course learning outcomes
- Identify and recommend dispute resolution strategies that can be used to effectively and fairly resolve civil disputes.
- Identify, analyse and evaluate matters related to the dispute resolution process such as parties, jurisdiction, cost and finality.
- Present on mediation as an example of a commonly used dispute resolution process in the legal profession.
- Formulate and communicate solutions to dispute resolution problems.
- Draft basic documents in the civil litigation process.
- Understand the role of the legal practitioner in the dispute resolution process and the ethical obligations which must be discharged.
- Develop skills in applications occurring within the civil litigation process.