Pre-Action Protocols and Pre-Action Dispute Resolution Processes

Abstract

This article explores the role of ‘alternative’ dispute resolution in the context of the publication of Part 1 of the Civil Justice Council (CJC) Review of Pre-Action Protocols, to which the author contributed. The relationship between the CJC Report and the Master of the Rolls’ vision for the future of digital justice are considered as are the most salient details of the Report’s proposals, not least mandating dispute resolution engagement, digitalizing portals to manage pre-action steps and gather rich data, and a process for raising alleged failures to comply. The article concludes with consideration of further improvements which the use of technology and rich data may bring, on the near, medium and far horizons. Keywords: alternative dispute resolution; ADR; mediation; early neutral evaluation; ENE; negotiation; pre-action protocol; settlement; artificial intelligence; AI; funnel; digital pathfinder; deep learning; reinforcement; sanctions; non-compliance; rich data.