Citation, Commencement, Application And The Overriding Objective
Organisation Of The Court
The Court’s Case Management Powers
How To Start Proceedings — The Claim Form
Alternative Procedure For Claims
Responding To Particulars Of Claim — General
Acknowledgment Of Service
Disputing The Court’s Jurisdiction
Setting Aside Or Varying Default Judgment
Defence And Reply
Statements Of Case
Amendments To Statements Of Case
Addition And Substitution Of Parties
Counterclaims And Other Additional Claims
Statements Of Truth
General Rules About Applications For Court Orders
Interim Remedies And Security For Costs
Alternative Dispute Resolution
Production Of Documents
Witnesses, Depositions And Evidence For Other Courts
Experts And Assessors
Offers To Settle
Payments Into Court
Miscellaneous Provisions Relating To Hearings
Judgments And Orders
Change Of Legal Representative
General Rules About Costs
Procedure For Detailed Assessment Of Costs
Proceedings By Or Against The Centre, Its Bodies And The Government
General Rules About Enforcement Of Judgments And Orders
Charging Orders, Stop Orders And Stop Notices
Attachment Of Future Assets And Earnings
Execution Against Assets
Court’s Power To Appoint A Receiver
Orders To Obtain Information From Judgment Debtors
Contempt Of Court
Small Claims Tribunal
Small Claims Tribunal
Technology And Construction Division
Non-Muslim Wills Registry
1. On or before [*] the parties shall exchange lists of 3 neutral individuals who are available to conduct alternative dispute resolution procedures in this case prior to [*]. Each party may [in addition] [in the alternative] provide a list identifying the constitution of one or more panels of neutral individuals who are available to conduct alternative dispute resolution procedures in this case prior to [*].
2. On or before [*] the parties shall in good faith endeavour to agree a neutral individual or panel from the lists so exchanged and provided.
3. Failing such agreement by [*] the Case Management Conference will be restored to enable the Court to facilitate agreement on a neutral individual or panel.
4. The parties shall take such serious steps as they may be advised to resolve their disputes by alternative dispute resolution procedures before the neutral individual or panel so chosen by no later than [*].
5. If the case is not finally settled, the parties shall inform the Court by letter prior to [production of documents/exchange of witness statements/exchange of experts’ reports] what steps towards alternative dispute resolution have been taken and (without prejudice to matters of privilege ) why such steps have failed. If the parties have failed to initiate alternative dispute resolution procedures, the Case Management Conference is to be restored for further consideration of the case.
Note: The term “alternative dispute resolution procedures” is deliberately used in the draft alternative dispute resolution order. This is in order to emphasise that (save where otherwise provided) the parties are free to use the alternative dispute resolution procedure that they regard as most suitable, be it mediation, early neutral evaluation, non-binding arbitration, etc.
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