Finding a way to resolve a dispute out of court is usually the best approach. In fact, the Courts now expect you to have at least considered Alternative Dispute Resolution.
Before you go to court, you should have followed the Practice Directions or Pre-Action Conduct. Certain disputes have their own “Pre-Action Protocols” as well as the Practice Direction Pre-Action Conduct. There are, for example, specific Pre-Action Protocols in relation to:
• Construction and Engineering Disputes
• Clinical disputes
• Disease and illness
• Judicial Review
• Personal Injury
• Professional negligence
The courts take a dim view of those who jump straight to court proceedings without following the right procedure. They can require you to attempt ADR or can impose cost sanctions for failure to comply.
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