What is the Civil Procedure Rules?
The Civil Procedure Rules are the rules governing the [process of civil claims and court action. These rules are issued by the Ministry of Justice and designed to ensure legal proceedings are fair and efficient.
The Practice Direction on Pre-Action Conduct and Protocols is particularly relevant for those considering legal action. They "explain the conduct and set out the steps the court would normally expect parties to take before commencing proceedings for particular types of civil claims."
The pre-action protocols urge parties considering making a claim to try mediation (or some other form of alternative dispute resolution (ADR) to resolved the dispute out-of-court.
Further, courts are able to impose financial penalties on parties in court who have unreasonably rejected an invitation to mediation.
The steps below summarise the process and show when and how mediation might play a part.