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The Protocols Practice Direction states that the objectives of pre-action protocols are:

to encourage the exchange of early and full information about the prospective legal claim,

to enable parties to avoid litigation be agreeing a settlement of the claim before the commencement of proceedings, and

to support the efficient management of proceedings where litigation cannot be avoided.

Whether or not a particular protocol applies to a dispute, parties to a potential dispute should follow reasonable procedure, suitable to their particular circumstances, which is intended to avoid litigation. They should conduct genuine and reasonable negotiations with a view to settling the claim economically and without court proceedings.

 
ADR and the Court
 
Arbitration/Adjudication

 

CPR Guide

 

Dispute Resolution Funding

 

Mediation

 

Early Neutral Evaluation

 

Privilege

 

 

 

The Duty to Mediate:
 

 

ADR is not mandatory
 

 

The effect of CPR 1.3
 

 

Government Pledge
 

 

Case management powers
 

 

Pre-action protocols:
 

 

Protocols Practice Direction
 

 

Failure to comply
 

 

References to ADR in the protocols
 

 

Professional Negligence Protocol
 

 

Court Guides
 

 

ADR Orders:
 

 

Commercial Court Order
 

 

Effect of failing to comply with an ADR Order
 

 

Costs Sanctions and Burden of Proof
 

 

Without Prejudice Correspondence
 

 

Factors indicating refusal was unreasonable
 

 

Nature of the Dispute
 

 

Merits of the Case
 

 

Use of other settlement methods
 

 

Costs of Mediating
 

 

Effect of Delay
 

 

Whether the mediation had a reasonable prospect of success
 

 

Relevant Court Decisions:
   
Case Law
   
Cases penalising claimants for failing to negotiate
   
Cases penalising parties for failing to mediate
   
Cases where a refusal to mediate was reasonable
   

Appendix 1