Pre-Action Protocols (PAPs) are sets of procedural guidelines set out by the courts that all parties are expected to follow before starting court proceedings.
Crucially, if you fail to follow the Pre-Action Protocols, the court could stay any proceedings you start, penalise you in costs, or possibly do both. So they are really important.
The Purposes Of Pre-Action Protocols
Resolution:
PAPs expect you to exhaust all other settlement options before resorting to litigation, and they encourage parties to explore processes such as without prejudice direct negotiations and mediation.
Last Resort:
Litigation should really be your last resort. By adhering to PAPs, parties can attempt to resolve their issues without the need for expensive, protracted and formal court proceedings.
Early Steps:
PAPs outline the steps parties should take before initiating court actions. These steps include all parties exchanging relevant information about the dispute, possibly meeting to discuss settlement, and using mediation to try and reach agreement.
Types of Claims:
There are various PAPs for specific types of claims, e.g., construction disputes, debt claims, and more. Each protocol tailors the process to the nature of the dispute, so it’s important to select the right option.
Conclusion
In summary, Pre-Action Protocols aim to promote efficient and fair resolution of disputes, while minimising the need for costly and time-consuming court proceedings, and they provide a structured framework to do so.
However, if you can’t solve your dispute, then Mediator Locator has panels of expert mediators (who are also qualified and experienced lawyers) ready to help you. Going to mediation early can make all the difference.
Don’t wait… mediate.
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