Use Of Preliminary Issues As An Adjunct To Alternative Dispute Resolution

Use of Preliminary Issues as an adjunct to Alternative Dispute Resolution in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]Sometimes parties wish to resolve their dispute by Alternative Dispute Resolution, but there is one major issue which is a sticking point in any negotiation or mediation. The parties may wish to obtain the court’s final decision on that single issue, in the expectation that after that they can resolve their differences without further litigation. In such a situation the parties may wish to bring proceedings under Civil Procedure Rules Part 8, in order to obtain the court’s decision on that issue. Such proceedings can be rapidly progressed. Alternatively, if the issue is not suitable for Part 8 proceedings, the parties may bring proceedings under Part 7 and then seek determination of the critical question as a preliminary issue. At the first case management conference the position can be explained and the judge can be asked to order early trial of the proposed preliminary issue, possibly without the need for a defence or any further pleadings.