Bar Professional Training Course (BPTC) Conference Skills, Resolution of Disputes Out of Court and Remedies Syllabus

Conference Skills, Resolution of Disputes Out of Court and Remedies syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Conference Skills, Resolution of Disputes Out of Court and Remedies in Bar Professional Training Course (BPTC), not a summary of it.

1. 1

   Conference Skills

   3 topics

   • Planning and structuring a client conference
     • Setting objectives and an agenda
     • Establishing rapport and managing client expectations
   • Questioning and listening techniques
     • Open, closed and probing questions
   • Advising and explaining
     • Communicating legal advice in plain terms
     • Taking instructions and recording the conference
2. 2

   Resolution of Disputes Out of Court (ADR)

   3 topics

   • Forms of alternative dispute resolution
     • Negotiation, mediation, conciliation and arbitration
   • ADR and the civil justice system
     • Court encouragement of ADR and costs consequences of refusal
   • Negotiation strategy and the barrister's role
     • Positional versus interest-based negotiation
3. 3

   Remedies

   3 topics

   • Damages
     • Compensatory principles and measure of damages
     • Mitigation, remoteness and types of loss
   • Equitable remedies
     • Injunctions and specific performance
     • Rescission, rectification and account of profits
   • Restitution and declaratory relief

Conference Skills, Resolution of Disputes Out of Court and Remedies flashcards for Bar Professional Training Course (BPTC)

19 of 52 cards from the Conference Skills, Resolution of Disputes Out of Court and Remedies deck — real questions with worked answers.

1. What are the five sequential stages of the WASP model for structuring a client conference?

   Welcome, Acquire information, Supply advice/information, Part. (Welcome the client; Acquire the relevant facts; Supply the advice and answer questions; Part by agreeing next steps.)

2. In planning a client conference, what three core objectives should a barrister identify before the client arrives?

   (1) The client's objectives/what they want to achieve; (2) the information the barrister needs to obtain; and (3) the advice the barrister needs to give. These shape the conference structure.

3. What is the purpose of the 'Welcome' stage of a client conference?

   To put the client at ease, build rapport and trust, introduce those present, confirm the client's name, explain the purpose and likely length of the conference, and outline confidentiality and the agenda.

4. Distinguish open questions from closed questions in a client conference.

   Open questions invite a full, narrative answer and cannot be answered yes/no (e.g. 'Tell me what happened') — used to gather information. Closed questions seek a specific, limited answer (e.g. 'What date was that?') — used to pin down detail.

5. What is the 'funnel' (or T-funnel) questioning technique?

   Begin a topic with broad open questions to let the client give their account in their own words, then progressively narrow to closed questions to clarify and probe specific details before moving to the next topic.

6. Why are leading questions generally avoided when taking instructions in a client conference?

   A leading question suggests its own answer and may contaminate the client's evidence or cause them to adopt the advocate's words rather than give their true account, undermining the reliability and independence of their instructions.

7. Define 'active listening' in the conference context and name three of its signals.

   Active listening is fully concentrating on, understanding and responding to the client. Signals include: appropriate eye contact, encouraging non-verbal cues (nodding), reflecting/paraphrasing back what was said, summarising, and not interrupting.

8. What is the danger of 'premature diagnosis' when listening to a client?

   Forming a conclusion too early causes the barrister to filter or ignore later information that does not fit the initial theory, leading to incomplete instructions and potentially wrong advice.

9. When advising a client, why must advice be given in 'plain English' rather than legal jargon?

   The client must genuinely understand the advice to give informed instructions and make decisions; unexplained jargon obscures meaning, so the barrister has a professional duty to translate legal concepts into accessible language.

10. What does it mean to give the client 'advice on the merits' and present options?

    It means giving a realistic, balanced assessment of the strengths and weaknesses of the case, the prospects of success, the likely outcomes and risks, and setting out the available options so the client can make an informed decision.

11. Whose decision is it ultimately whether to settle, accept an offer, or proceed to trial — the barrister's or the client's?

    The client's. The barrister advises on the merits, risks and options, but the decision belongs to the client; the barrister must not usurp it. Advice informs but does not replace the client's instructions.

12. What does the acronym ADR stand for, and what is its core defining feature?

    Alternative Dispute Resolution — methods of resolving disputes without (or alongside) court adjudication, typically consensual and conducted privately rather than by a judge imposing a binding decision.

13. Define mediation as a form of ADR.

    A flexible, voluntary, confidential and without-prejudice process in which a neutral third party (the mediator) facilitates negotiation between the parties to help them reach their own settlement; the mediator does not impose or decide the outcome.

14. How does arbitration differ fundamentally from mediation?

    In arbitration a neutral arbitrator hears the dispute and imposes a binding, enforceable decision (an award); in mediation the neutral merely facilitates and the parties retain control over whether and how to settle — no decision is imposed.

15. Define conciliation and how it differs from mediation.

    Conciliation is similar to mediation (a neutral third party assists negotiation), but the conciliator typically takes a more interventionist, evaluative role, offering opinions and proposing terms of settlement rather than purely facilitating.

16. What is 'early neutral evaluation' (ENE) as a form of ADR?

    A process in which an independent, neutral evaluator (often a senior lawyer or judge) gives a non-binding assessment of the merits of the dispute or particular issues, to help the parties gauge their prospects and encourage settlement.

17. Distinguish 'facilitative' from 'evaluative' ADR processes.

    Facilitative processes (e.g. mediation) help parties communicate and find their own solution without the neutral expressing a view on merits. Evaluative processes (e.g. ENE, conciliation) involve the neutral assessing the merits and giving an opinion.

18. Name four commonly cited advantages of ADR over litigation.

    Lower cost; speed/quicker resolution; confidentiality/privacy; preservation of commercial or personal relationships; flexibility of process and remedies; party control over outcome. (Any four.)

19. Name three limitations or disadvantages of ADR compared with litigation.

    No binding precedent or public ruling; outcome depends on cooperation and may fail (wasting cost/time); no guaranteed remedy or coercive power; unsuitable where an injunction, urgent relief, or a point of law/public vindication is needed; possible power imbalance.

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