This Practice Note provides an overview of two common forms of alternative dispute resolution (ADR) in Scotland, namely mediation (both domestic mediation and cross-border mediation) and expert determination. In doing so, it also considers the obligations on parties (by reference to the principal types of action which can be raised in the Court of Session and in Sheriff Courts) to consider alternative means of resolving a civil dispute between them ie other than resorting to litigation or court proceedings.
This Practice Note provides an overview of the pre-action requirements for civil litigation contemplated before the Scottish Courts. It offers guidance on pre-litigation behaviour expected in the principal types of action which can be raised in the Court of Session and in Sheriff Courts, namely ordinary and commercial. As such, it focuses on pre-action obligations for ordinary cause proceedings in the Court of Session and pre-action requirements for commercial actions in the Court of Session. It also considers the possible sanctions for failing to comply with the applicable pre-litigation requirements and addresses a number of practical considerations relating to pre-action conduct in civil claims in Scotland.
If you expected to see yourself on this page, click here.
0330 161 1234