It is important to keep settlement in mind at all stages of the proceedings. The CPR require parties to do so and, although ADR is not compulsory, Judges can impose cost penalties on parties for unreasonably refusing to participate in ADR. ADR are ways to resolve disputes outside the court process such as mediation. Offers of settlement can be made by either party at any time before or during the proceedings. The earlier in the process that settlement can be reached, the greater the costs savings. As well as being effective in their own right, offers can be a powerful tactical move if made in accordance with Part 36 of the CPR, known as Part 36 Offers. Specific costs penalties can come into play for failing to accept such an offer.
Settlement Offers and Alternative Dispute Resolution (ADR)
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