JUDICIAL CONFLICT RESOLUTION IN ENGLISH COURTS

This  summary focuses  on  how  the  English  courts  appear  to  have  shifted  towards  an
increased preoccupation for settlement, particularly during the past 20 years. The focus
is mainly on ordinary civil (nonCfamily) courts, which hear cases in first instance (rather
than appeals) (Part A), although similar practices can be found in criminal cases (Part
B). For civil cases, the most relevant English courts are local county courts, as well as
the High Court (including the Commercial Court and the Technology and Construction
Court  within  the  Queen’s  Bench  Division).  For  criminal  cases,  the  focus  is  on  first
instance cases in Magistrates’ Courts and the Crown Court. The last section summarises
the  main  reasons  that  are  typically  used  by  English  scholars  and  policymakers  in
supporting settlement in civil and criminal cases.