The Pre-Action Conduct Practice Direction says this about mediation and other forms of ADR:
8. Alternative Dispute Resolution
8.1 Starting proceedings should usually be a step of last resort, and proceedings should not normally be started when a settlement is still actively being explored. Although ADR is not compulsory, the parties should consider whether some form of ADR procedure might enable them to settle the matter without starting proceedings. The court may require evidence that the parties considered some form of ADR (see paragraph 4.4(3)).
8.2 It is not practicable in this Practice Direction to address in detail how the parties might decide to resolve a matter. However, some of the options for resolving a matter without starting proceedings are:
(1) discussion and negotiation;
(2) mediation (a form of negotiation with the help of an independent person or body); (my emphasis)
(3) early neutral evaluation (where an independent person or body, for example a lawyer or an expert in the subject, gives an opinion on the merits of a dispute); or
(4) arbitration (where an independent person or body makes a binding decision), many types of business are members of arbitration schemes for resolving disputes with consumers.
These paragraphs or very similar paragraphs are found in nearly all of the Pre-Action Protocols.
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