Dispute Resolution SQE notes.
Civil litigation, ADR, and court procedures. Below: a preview of the notes, all 14 topics, sample questions with worked explanations, and the first chapter of the Dispute Resolution study guide to download free, all mapped to the SRA’s FLK1 specification.
Free sample chapter
The first chapter of the Dispute Resolution study guide, with five worked questions, as a PDF and EPUB. The full guide is £9.99 on its own, and every subject is included with lifetime access.
From the notes
Topic 01: Dispute Resolution Mechanisms
How the Dispute Resolution notes read. Every one of the 14 topics is written the same way: the rule, the trap the examiners set, and a worked question.
When clients face a dispute, one of the most important decisions you'll make as a solicitor is HOW to resolve it. Should they go to court? Try mediation? Use arbitration? Each option has different costs, timelines, procedures, and outcomes. Your choice affects your client's wallet, stress levels, and the final result.
- Court has extensive powers to compel disclosure, evidence, and attendance
- Judgments are enforceable through various methods (bailiffs, charging orders, etc.)
- Creates binding precedent for future cases
- Public proceedings promote transparency and justice
Full notes for all 14 topics are included with lifetime access, or as the Dispute Resolution study guide (£9.99).
All 14 topics in Dispute Resolution
SRA-aligned- 01Free
Dispute Resolution Mechanisms
Comparison of ADR methods (arbitration, mediation) and litigation for resolving civil disputes
- 02
Pre-Action Considerations
Limitation periods, pre-action protocols, and preliminary steps before issuing proceedings
- 03
Commencing a Claim
Court jurisdiction, issuing proceedings, and service of claim forms
- 04
Responding to a Claim
Defendant's options and responses to civil proceedings
- 05
Statements of Case
Structure, content, and amendments of statements of case in civil proceedings
- 06
Interim Applications
Court applications before trial - getting urgent help from the judge while your case is ongoing
- 07
Case Management
Overriding objective and how courts keep cases on track towards trial
- 08
Evidence
Rules of evidence, witness statements, and expert testimony in civil proceedings
- 09
Disclosure and Inspection
Disclosure obligations, document inspection, and privilege in civil proceedings
- 10
Trial Preparation
Getting ready for trial - bundles, skeleton arguments, and timetables
- 11
Trial Procedure
Conduct of a civil trial - advocacy, evidence, and judgment
- 12
Costs
Costs management, assessment, and orders in civil litigation
- 13
Appeals
Appeal procedure, grounds, and appellate court powers
- 14
Enforcement of Judgments
Enforcing money judgments and recovering debt
Try before you buy
4 sample DR questions
Real SBA questions from the Dispute Resolution bank, with the full explanation. The paid bank covers all 14 topics and difficulty levels.
A man is considering suing a former business partner for £75,000 over a broken profit-sharing promise. He tells his solicitor that he will go to court only if three things can be arranged: that no competitor learns what is said about his profit margins, that the claim is heard by a judge who has worked in his industry, and that he and his former partner can fix their own timetable and depart from the court's rules where those rules are inconvenient.
Will a claim in the civil courts give the man the three features he requires?
- No, because civil hearings are public and the court, not the parties, controls the judge, the procedure and the timetable. Correct
- No, because although civil hearings are held in private, the parties cannot select their judge or set their own timetable.
- Yes, because the parties may agree their own procedure and timetable and depart from the Civil Procedure Rules by consent.
- Yes, because the court will, on request, list a claim of this size before a judge with experience of the parties' industry.
- Yes, because statements of case and judgments are confidential to the parties, so nothing said about his margins can be reported.
Two companies which have traded together for ten years disagree about how a clause in their distribution agreement should be read, and both want the relationship to continue. They agree to spend a day with a mediator before either issues a claim, and the mediator will ask each company to sign a mediation agreement before the day begins. A director of the supplier expects to make concessions about past deliveries in order to reach a deal.
What should the director be told about the concessions he expects to make at the mediation?
- The mediator may take them into account in the decision he gives if the parties do not agree.
- The mediator may direct that they be honoured if he considers the resulting terms reasonable.
- The concessions cannot be referred to in later proceedings if the mediation ends without agreement. Correct
- The concessions may be put to the company at trial as admissions if the mediation fails.
- The concessions will bind the company once the mediation ends, whether or not any agreement is signed.
A woman and her brother each own half the shares in the family company they run together. They have fallen out over its future direction, and the woman wants to buy her brother's shares. They cannot agree on what the shares are worth, and each takes a different view of how the buy-out should be paid for and who should run the company afterwards. Both say they want to remain on speaking terms.
What advice should the woman be given about how to resolve the disagreement?
- Litigation, because only the court can determine the fair value of shares in a private company.
- Arbitration, because an arbitrator can fix the price of the shares and impose binding terms for the company's future management.
- Mediation, because parties to a dispute within a family must attempt mediation before a claim may be issued.
- Mediation, because the parties control the outcome and can agree payment and management terms a court could not order. Correct
- Expert determination, because a valuer's decision on the price will bind the parties only if each accepts it.
A shareholders' agreement provides that if the shareholders cannot agree the value of shares being transferred, the value is to be fixed by an independent accountant, whose determination is to be final and binding. A shareholder gives notice that she is selling her holding, and the others cannot agree what it is worth. The clause requires the accountant to value the holding on a going-concern basis, and he has done so. She would prefer a judge to decide the figure and asks whether the accountant's valuation will actually settle the matter.
Will the accountant's valuation bind the selling shareholder even if she disagrees with it?
- No, because the valuation is a recommendation which each shareholder may accept or reject.
- No, because a valuation of this kind takes effect only when the court has confirmed it.
- Yes, because she agreed that the accountant would fix the value and that the figure would be final. Correct
- Yes, because the valuation takes effect as an arbitration award under the Arbitration Act 1996.
- No, because the value of shares in a private company can be fixed only by the court on a petition.
Free audio course
Listen to Dispute Resolution — Season 5 of the podcast
Every topic below is also a free podcast episode — the rules, the traps and a worked question in around fifteen minutes, on your commute.
- 1. Dispute Resolution Mechanisms23 min
- 2. Pre-Action Considerations23 min
- 3. Commencing a Claim20 min
- 4. Responding to a Claim23 min
- 5. Statements of Case21 min
- 6. Interim Applications22 min
- 7. Case Management24 min
- 8. Evidence19 min
- 9. Disclosure and Inspection22 min
- 10. Trial Preparation21 min
- 11. Trial Procedure20 min
- 12. Costs24 min
- 13. Appeals22 min
- 14. Enforcement of Judgments23 min
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