A good lawyer knows not only the best course of action within the law, but how to satisfy the real world needs of a client, especially by means of appropriate dispute mechanisms. A well thought out mediation or arbitration or even negotiation, can prevent much costs in litigation. Likewise, knowing when litigation is best can save countless hours and fees when other techniques are inappropriate for a case in hand.
I studied Appropriate Dispute Resolution, as part of my LLB law degree at the University of the Witwatersrand, as a chosen elective. We studied Getting to Yes, which is the standard manual for hostage negotiators, we studied arbitration, mediation, negotiation techniques and the laws and realities in which these take place. We also studied proper creation and drafting of mediation clauses. I again studied this subject matter at the Law Society as a post graduate, having completed my LLB degree.