Resolving disputes

We always encourage parties who are in dispute to resolve their differences before seeking a judgment by the office.

Before proceedings commence

Lord Woolf’s 1986 report 'Access to Justice ’ identified the need for parties to see legal action as a last resort. He suggested that they should first try to settle matters outside the judicial system.

These principles are reflected in the Civil Procedure Rules which were introduced in April 1999. In line with those Rules, if an action is launched before the Registrar and there is no prior contact between the parties, they may be penalised when the costs of the case are determined.

So if you are thinking of taking legal action you should attempt to resolve the matter before launching any action.

Mediation

Mediation is another route that we will be actively encouraging. It is another way that parties can resolve their dispute.

Requests for stays or suspensions in inter partes proceedings

It is not our intention to force parties to file evidence when an amicable settlement can be reached. We are also keen to resolve cases as quickly as possible.

Where a stay or suspension is requested because the parties are trying to negotiate an amicable settlement, the parties will need to show what they have already done to resolve the dispute.

If we are not satisfied that those negotiations are making progress we will not allow any further extensions to the stay of proceedings.

Hearing or written decision

When any period allowed for the filing of evidence is over we will offer the parties either a hearing or a decision from the papers already filed. In either case our decision will resolve the dispute. The decision will be open to appeal.