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Dispute resolution definition

What does Dispute resolution mean? Dispute resolution describes the processes used by lawyers and clients to resolve legal disagreements—by agreement, determination or adjudication—inside or outside court. It is a descriptive, cross‑practice term rather than a single statutory definition; particular mechanisms are set by procedure and sector legislation. In pensions practice, disputes between members, employers and trustees are commonly handled through internal dispute resolution procedures (IDRP/IDR), ombudsman schemes, alternative dispute resolution (mediation or arbitration), and litigation. In the UK, The Pensions Ombudsman (TPO) offers an Early Resolution Service and formal determinations; TPAS’s dispute‑handling functions have transferred to TPO, with general guidance now provided by...

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Scottish group proceedings after permission: opt-in and withdrawal, group register, commencement and time bar, defences, case management, hearings, disclosure, expenses, appeals and settlement

Practice notes
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Civil justice reform

See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for guidance on the current rules and court practice in Scotland relating to remote hearings and the electronic signing, transmission and lodging of documents.

This Practice Note is the second in a two‑part series exploring Scotland’s class actions process, termed ‘group procedure’, and focuses on how group proceedings are handled after permission is granted. It first considers the permission order made by the court, the start date of the group proceedings, and the mechanisms for joining and opting out of the group. It then addresses the conduct of defended group proceedings, covering Case management, disposal, appeals and settlement. For the procedure up to the grant of permission, see Practice Note: Group procedure in Scottish civil litigation—authorisation and permission.

For guidance on:

  • issues to consider before bringing a civil claim in a Scottish court, and how to commence and progress a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and evidence—overview, which link to more detailed guidance...
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Colin Hutton
Colin Hutton

Colin Hutton has over 25 years' experience in dispute avoidance and resolution. He is dual qualified and advises on both English and Scots law matters, including litigations, arbitrations and mediations. He has significant experience working with energy and climate change and financial services sector clients. He also advises on shareholder disputes and disputes relating to corporate transactions, including misrepresentation, fraud and bribery issues.Colin specialises in the project management of the dispute resolution process. He is a keen advocate of alternative dispute resolution and regularly uses mediation to effectively resolve disputes. Colin is a member of the CMS Cyber Breach team and regularly leads on assisting clients with managing data breaches. He has a specific interest in class actions and collective redress....

Amy Cornelius
Amy Cornelius

Amy is a commercial litigator with extensive experience of the Scottish Court System, with particular expertise in high value, complex litigation in the Court of Session. She acts in relation to contractual disputes; class actions; insolvency proceedings; Judicial Review; procurement challenges; public inquiries and statutory/regulatory appeals.  Amy represents clients across a range of sectors including transport; education; food and drink; healthcare; public sector; hotels and financial services and has experience in cross-border cases in England & Wales; the Middle East; and the British Virgin Islands.In recent years, she has been regularly instructed in the use of Alternative Dispute Resolution, including expert determinations and mediation, as well as clients seeking advice on dispute avoidance and reputation management....

Joanna Clark
Joanna Clark Social LinkedIn

CMS

Joanna Clark is a Professional Support Lawyer specialising in commercial litigation and dispute resolution. She moved into her current role at CMS Cameron McKenna Nabarro Olswang LLP after 23 years in practice during which she focused on commercial litigation, banking and insolvency litigation, tax disputes and public law litigation. She was accredited as a specialist in insolvency by the Law Society of Scotland from 2011-2021....

Web page updated on 21/05/2026

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