Overview of Dispute Resolution

Introduction

This chapter provides the **foundation bricks of dispute resolution**. It begins with a general introduction to the different options for resolving disputes, and then takes you through the **lifespan of litigation proceedings**, explaining the different stages and specific procedures by which litigation unfolds from the issuing of proceedings to enforcement. Dispute resolution is, by and large, made up of **litigation** and **alternative dispute resolution ('ADR')** — such as arbitration, mediation, adjudication and expert determination. Some forms of ADR are **determinative** and some are not. Although there are many types of ADR, most are outside the scope of the examination, and this chapter focuses on just two — **arbitration** and **mediation** — alongside the **analysis of the merits of a claim or defence** and **pre-action considerations**.

Assessment focus

For the SQE1 FLK1 assessment, you need to understand the foundational concepts of dispute resolution, including how to **analyse the merits of a claim or defence** and the relative advantages of **arbitration, mediation and litigation**. You should be able to identify a client's **cause of action**, the **elements** that must be established (duty, breach, causation, loss), the **material facts** and the **evidence** required to prove them. You must also appreciate the **professional duty** to advise on ADR (Principle 7 of the SRA Principles; CPR r 1.4; the Pre-action Protocols), the court's power to **order** ADR (Churchill v Merthyr Tydfil; CPR rr 1.4(e), 3.1(o)) and the **costs consequences** of an unreasonable refusal to engage in ADR (Halsey v Milton Keynes General NHS Trust). Questions are single best answer questions ('SBAQs') set in **realistic client-based scenarios**; you will be expected to **apply** these principles rather than simply recall definitions. This is a closed-book assessment.

Study tips

1) Memorise the **essential questions** for case analysis (causes of action / matter of law / material facts / available evidence / evidence to obtain / strength of case). 2) Learn the **negligence elements** — duty of care, breach, causation, loss and damage — and be able to populate a **case analysis grid**. 3) Distinguish **determinative** ADR (arbitration — binding award) from **non-determinative** ADR (mediation — non-binding unless reduced to a settlement agreement). 4) Remember mediation is **voluntary, confidential and 'without prejudice'**; the third party **cannot impose** a solution. 5) Master the key arbitration statutes and authorities: the **Arbitration Act 1996** (ss 67, 68, 69, 100-104) as amended by the **Arbitration Act 2025**, the **New York Convention 1958** and **Halliburton v Chubb**. 6) Know the **ADR duty** and the **costs sanction** for unreasonable refusal (Halsey on costs; Principle 7; CPR r 1.4), and that the court now has the power to **order** parties to engage in ADR (Churchill v Merthyr Tydfil; CPR rr 1.4(e), 3.1(o)).