A good settlement is more than getting to “yes”. It is knowing when to negotiate, how to create leverage and how to make sure the deal actually ends the dispute. Take a practical deep dive into the settlement skills that matter throughout litigation. Strengthen your approach to valuing your litigation position, choosing the right time and process to negotiate, preparing for mediation and breaking impasse. Gain practical insight into Calderbank offers, without prejudice protection and costs consequences, then strengthen your settlement drafting to reduce the risk of disputes resurfacing after agreement is reached. Hear from experienced New Zealand litigators and leave with practical strategies you can apply to your next matter.

Presenters

Nic Scampion, Barrister, Shortland Chambers
Nic Scampion practises in civil and commercial litigation and employment law. He practises from Shortland Chambers (https://www.shortlandchambers.co.nz) in Auckland and remains a member of Tanfield Chambers (https://www.tanfieldchambers.co.uk) in London. Nic has advised and represented a range of clients, including banks, government departments, insurers, and multinational companies, and has extensive trial experience, often in long and complex cases. He is also a commercial mediator and is on a number of mediation panels (including AMINZ, NZDRC, MBIE Weathertight Homes Tribunal, and the Law Society's panel), and has conducted commercial mediations in the UK and New Zealand. Nic has been a member of the Law Society’s Litigation Skills faculty since 2014, teaching advocacy and litigation skills to junior lawyers. Fuller details about Nic and his practice are at https://www.shortlandchambers.co.nz/barristers/nic-scampion

Shane Swinerd, Partner, Wotton + Kearney
Shane is experienced advising on material damage, business interruption and general liability matters, including litigation arising from the Canterbury and Kaikoura earthquakes. He regularly appears in the District Court, High Court, Canterbury Earthquake Insurance Tribunal, and in mediations and judicial settlement conferences. He also advises on compliance, fire and general, public and product liability, and statutory liability matters. He is recognised as an effective advocate with a particular specialty in negotiating and/or mediating successful outcomes. Clients praise his ability to collaborate with their businesses, distil issues, and provide digestible, pragmatic and commercial advice that is easily understood by all. Shane has been recognised as a ‘Rising Star’ in the Asia Pacific Legal 500 2021 insurance rankings and was named in the inaugural NZ Lawyer Rising Stars list for 2020. He was also a finalist for Young Private Practitioner of the Year in NZ Lawyer for 2020.

Kate Rouch, Partner, Dentons
Kate Rouch is an experienced litigator and advocate with experience in both the public and private sectors. As a lawyer Kate blends practicality with an acute understanding of the law and meticulous eye for detail. Kate’s specialist areas include judicial review, public law disputes, construction, and natural disaster damage litigation. She is also experienced in insurance matters, professional disciplinary processes (particularly engineering and medical professional investigations), and debt recovery. In her previous roles Kate acted for the Crown in criminal prosecutions and, before that, as defence counsel to legally aided clients.


Martin Dillon, Barrister, 109 Chambers
Martin began practising in 2007. He has worked in private practice, as in-house counsel and as a Crown Prosecutor. These roles have involved a range of clients and cases, from relatively minor disputes to large-scale litigation. He joined the independent bar in 2018. Access to justice is a particular concern: Martin is a legal aid provider, published CourtKeys.com and wrote Civil Litigation for Non-Lawyers.

Daniel Scholes, Associate, Gilbert Walker
Daniel advises clients in a wide range of civil, commercial and regulatory disputes. He has acted in large scale and complex civil and criminal litigation, including for listed companies, local government and large charities. He has particular expertise in contract, professional negligence, insurance, and charities disputes, including involving incorporated societies. Prior to joining Gilbert Walker, Daniel was an associate in Bell Gully’s litigation team, and a Judges’ Clerk at the Auckland High Court.

Jack Alexander, Associate, Gilbert Walker
Jack has a broad commercial litigation practice, with particular expertise in contractual disputes, company law, trusts and insurance. Before returning to Gilbert Walker, Jack practised at the independent bar as a junior barrister to Shortland Chambers, where he appeared in a number of High Court trials. Jack completed postgraduate study at the University of Cambridge (supported by a WM Tapp Studentship, William Georgetti Scholarship, Spencer Mason Scholarship and LB Woods Scholarship). He also lectured restitution at the University of Auckland and taught equity at the University of Cambridge. His academic work has been published in leading journals in New Zealand, Australia, and the United Kingdom, and he is a past Court of Appeal Judge’s Clerk and winner of the Cleary Memorial Prize.