Jurisdiction(s):
United Kingdom

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Key definition

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...

Commencing Civil Proceedings in Scotland: Prescription and Limitation, Pre-action Investigations, Choice of Forum and Procedure, Protocols and Service

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note

This note sets out the substantive and procedural points to address when beginning a civil action in the Scottish courts. It covers:

prescription and limitation considerations
enquiries to carry out before raising proceedings
the jurisdiction of the Court of Session and the sheriff courts, and forum choice
specialist rules applying to particular categories of action
Pre-action protocols relevant to certain types of claim
service of the action

The note is intended to be neutral regarding procedural rules. It should be read alongside the applicable rules and any practice notes on specific procedures. For an overview, see: Scottish DR: courts and civil procedure—overview.

For guidance on issues to evaluate before bringing a civil claim in Scotland, and on initiating and advancing a claim, see: Scottish DR: prescription and limitation—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and evidence—overview, each of which links to more detailed guidance.

For the position in England and Wales, see: Starting a claim—overview which, as well as giving an...

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Richard McMeeken

Morton Fraser MacRoberts LLP

Richard is a partner in the commercial litigation team at Morton Fraser MacRoberts LLP where he has worked for 20 years. He is ranked as a leading individual for commercial litigation in Chambers. He has a broad practice focussing on disputes in the areas of commercial contract, real estate, professional liability and insolvency. He also deals with cases in the areas of fraud and financial crime and is the firm's Money Laundering Compliance Officer. In addition to his commercial litigation practice, Richard leads Morton Fraser's contentious trusts and executries team which is ranked Band 1 in Legal 500. He is a solicitor advocate (2011) and is qualified (although does not currently practice) in England & Wales (2008). Richard also has an academic interest in the law and regularly speaks at conferences on his areas of expertise and regularly writes on legal...

Nicola Edgar

Morton Fraser MacRoberts LLP

Nicola is a Partner at Morton Fraser MacRoberts LLP. She is an accredited specialist in personal injury law and certified by the Law Society of Scotland as a trauma informed lawyer. She is also highly experienced in dealing with clinical negligence litigation. Acting on behalf of both pursuer and defender clients, Nicola specialises in high value, complex claims with a particular focus on fatal claims. She regularly acts on behalf of individuals, large scale insurers, commercial clients and public sector clients and advises on a wide variety of claims including those involving employers' liability, public liability, cycling accidents, motor accidents, occupational disease and accidents abroad. She has successfully resolved medical negligence claims following delayed and missed diagnosis, together with negligent treatment. Nicola deals with pre-litigated cases in which she focusses on negotiating satisfactory settlements on behalf of her clients. If an agreement is not reached, she provides sturdy advice based on her...

Web page updated on 21/05/2026

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