"The Courts take the view that litigation should be a last resort, and that claims should not be issued prematurely when a settlement is still being actively explored. Parties are warned that if the Protocol is not followed (including this paragraph) then the Court must have regard to such conduct when determining costs."
[41st Update of the Civil Procedure Rules, Practice Direction Protocols, Section II, Paragraph 4.7]
To comply with the Protocol means parties should consider whether some form of alternative dispute resolution procedure would be more suitable than litigation, and if so, endeavour to agree which form to adopt. Both the Claimant and Defendant may be required by the Court to provide evidence that alternative means of resolving their dispute were considered.
Contents of the Case Review Service
To assist professional implementation of the new amendment, and in general the Court's preference for ADR, CEDR Solve has launched a support service which will both offer advice and demonstrate a party's consideration of ADR. The optional elements of this service are:
Please note the Case Review Service is available to all sides in a dispute and is available at all stages of dispute, pre and post-issue.
18 Feb 2010
Thoughts on Mediation of Personal Injury and Clinical Negligence Claims
2 Feb 2010
Mediation in the UK today, by Sir Henry Brooke
28 Jan 2010
Hybrid Dispute Resolution Processes – Getting the Best while Avoiding the Worst of Both Worlds?
22 Jan 2010
Mediation Audit to close on Monday 15 February
Wednesday 17 March 2010
4:00pm - 7.30pm Exchange Forum - Mediator Speed Dating
Friday 26 March 2010
26, 27, 29, 28, 30, 31 March 2010 Mediator Skills Training - Fast Track
Wednesday 31 March 2010
Law and practice for non-lawyer mediators