ClearPoint Resolution Pathway Service
Overview
The ClearPoint Resolution Pathway™ is a structured dispute optimisation process designed to help parties identify the most proportionate route to resolution.
It is not mediation, legal advice, Early Neutral Evaluation or a merits opinion. It does not decide who is right or wrong.
Its purpose is different.
The Resolution Pathway helps parties understand how a dispute should move forward before committing further time, cost and resources to the wrong process.
That may mean mediation.
It may mean Early Neutral Evaluation.
It may mean expert determination.
It may mean arbitration.
It may mean litigation.
Or it may mean a carefully sequenced combination of steps.
The aim is to create clarity before commitment.
How the Process Works
1. Submit a Resolution Pathway Request
A party submits a Resolution Pathway request to ClearPoint.
The request should identify:
the parties;
the nature of the dispute;
the approximate value of the claim;
the current stage of the dispute;
whether proceedings have been issued;
any urgent dates, deadlines or hearings;
what steps have already been taken to resolve the dispute; and
what the party wants ClearPoint to consider.
The request may be made by one party or jointly by more than one party.
2. Suitability and Scope Review
ClearPoint reviews the request to consider whether the matter is suitable for the Resolution Pathway.
ClearPoint may consider:
whether the dispute is sufficiently clear;
whether the issues can be identified;
whether further information may be needed;
whether mediation may be premature;
whether expert input may be required;
whether litigation remains necessary;
whether the dispute may benefit from issue narrowing; and
whether another ClearPoint process may be more appropriate.
Where appropriate, ClearPoint may recommend mediation, Early Neutral Evaluation, expert determination, arbitration, litigation sequencing or another route.
3. Single-Party or Joint-Party Route
The Resolution Pathway may proceed in one of two ways.
Single-Party Resolution Pathway
A single party may request a pathway review without the other party participating.
This may be suitable where a party wants independent procedural clarity before deciding whether to propose mediation, seek ENE, continue correspondence, issue proceedings, narrow the dispute or take another step.
A single-party review is based on the information provided by the requesting party.
It should not be presented as a joint assessment or a determination of the other party’s position.
Joint-Party Resolution Pathway
Two or more parties may jointly request a pathway review.
This may be suitable where the parties agree that an independent process could help them identify the right next step, even if they disagree about the merits of the dispute.
A joint-party review may consider each party’s position on process and may record areas of procedural agreement or disagreement.
It remains non-binding and does not decide the dispute.
4. Scope Confirmation and Payment
Once the matter is accepted, ClearPoint confirms:
whether the review is single-party or joint-party;
the applicable fee;
the reviewer appointment process;
the document limits;
the timetable;
whether clarification may be requested;
the expected form of the Resolution Pathway Record; and
any limits on the scope of the review.
The required fee will usually be payable before the reviewer is appointed.
5. Reviewer Appointment
ClearPoint appoints an independent reviewer.
The reviewer is selected having regard to:
the nature of the dispute;
the procedural stage;
the legal or commercial context;
the amount in issue;
the complexity of the dispute;
the reviewer’s experience;
independence;
impartiality; and
any specialist knowledge required.
The reviewer may be a barrister, solicitor, mediator, senior disputes practitioner, sector specialist or legally trained neutral with relevant experience.
6. Documents and Pathway Statement
The party or parties will usually provide:
a short Pathway Statement;
key documents only;
a list of main issues, where useful;
any relevant procedural documents;
any existing ADR or settlement correspondence, where appropriate;
any relevant chronology; and
any specific question ClearPoint is being asked to consider.
The Pathway Statement should explain the dispute in practical terms.
It should identify:
what the dispute is about;
what stage it has reached;
what is preventing resolution;
what has already been tried;
what information may be missing;
what issues may be capable of narrowing; and
what route or process is currently being considered.
The purpose is not to create a litigation bundle.
The purpose is to understand the dispute pathway.
7. Clarification
The reviewer may request limited clarification before issuing the Resolution Pathway Record.
Clarification may relate to:
missing documents;
unclear procedural history;
the current stage of the dispute;
the issues requiring resolution;
whether ADR has already been proposed;
whether expert input may be needed;
whether proceedings have been issued; or
any practical barrier preventing resolution.
Clarification is limited.
It is not a hearing, mediation, negotiation, merits consultation or legal advice session.
8. Pathway Review
The reviewer applies the ClearPoint Resolution Pathway methodology.
Clarify
The reviewer identifies the dispute, the issues, the procedural stage, the parties’ apparent objectives and the practical barriers to resolution.
Narrow
The reviewer considers whether any issues may be capable of being narrowed, separated, agreed, deferred or resolved through a more focused process.
Optimise
The reviewer considers which process, or sequence of processes, may be most proportionate.
This may include:
direct negotiation;
mediation;
Early Neutral Evaluation;
expert determination;
arbitration;
adjudication;
litigation;
issue-specific ADR;
disclosure before ADR;
expert input before ADR; or
a staged combination of steps.
Remove Barriers
The reviewer identifies practical barriers preventing resolution.
These may include:
insufficient information;
incomplete disclosure;
valuation uncertainty;
expert disagreement;
unclear issues;
unrealistic expectations;
timing problems;
lack of authority;
commercial concerns; or
procedural misalignment.
Record
The reviewer prepares a Resolution Pathway Record setting out the procedural analysis.
9. Resolution Pathway Record
The output is a Resolution Pathway Record.
Depending on the scope, the Record may identify:
the basis of the review;
the documents considered;
the issues identified;
barriers to resolution;
issues capable of narrowing;
whether further information may be needed;
whether mediation appears suitable, premature or unsuitable;
whether ENE may assist;
whether expert determination may assist;
whether arbitration, adjudication or litigation may remain necessary;
possible sequencing options; and
practical next steps for consideration.
The Record is not binding.
It does not determine legal rights, decide factual disputes, assess prospects of success or replace legal advice.
10. Possible Outcomes
The Resolution Pathway may help identify that:
mediation appears suitable now;
mediation may be more effective after further information exchange;
mediation may be premature;
Early Neutral Evaluation may clarify the legal position;
expert determination may resolve a technical issue;
arbitration or adjudication may be suitable for a defined issue;
litigation may presently be the most proportionate route;
litigation may be narrowed before trial;
direct negotiation should be attempted first;
further documents or expert input are needed;
only part of the dispute is suitable for ADR;
a staged sequence may be required; or
there is insufficient information to identify a reliable pathway.
The aim is not to force a single answer.
The aim is to identify the route that best fits the dispute.
11. Post-Record Clarification
Where appropriate, a party may request limited clarification of the Resolution Pathway Record.
Clarification may correct or explain the Record.
It does not include:
legal advice;
a merits opinion;
settlement advice;
negotiation strategy;
drafting correspondence;
representation;
a second review; or
review of substantial new documents.
Substantial follow-up work may require an additional fee.
Types of Disputes
The ClearPoint Resolution Pathway™ may be suitable for a range of civil and commercial disputes, including:
Commercial and Contract Disputes
breach of contract;
termination disputes;
supply of goods or services;
disputed contract terms;
performance issues;
payment disputes;
contractual interpretation.
Business and Company Disputes
shareholder disputes;
partnership disputes;
director or founder disputes;
business separation issues;
investor or stakeholder disagreements;
internal commercial conflicts.
Debt, Invoice and Payment Disputes
unpaid invoices;
disputed fees;
account balances;
commercial recovery issues;
debt and counterclaim disputes;
payment plan disputes.
Professional Services Disputes
consultant disputes;
professional fees;
scope of retainer disputes;
service quality complaints;
client/provider disagreements;
professional responsibility issues, where suitable.
Property and Real Estate Disputes
commercial landlord and tenant disputes;
lease disputes;
rent arrears;
dilapidations;
property management disputes;
development or occupation issues.
Construction and Project Disputes
small and medium construction disputes;
defects;
delay;
payment disputes;
contractor/client disputes;
project delivery disagreements.
Technology and Digital Services Disputes
software development disputes;
IT project disputes;
platform or digital service disputes;
licensing issues;
service level disputes;
failed implementation projects.
Employment, Workplace and Consultancy Disputes
Where suitable, the Resolution Pathway may assist with:
consultancy disputes;
contractor or freelancer disputes;
senior exit disputes;
restrictive covenant issues;
settlement sequencing;
workplace-related commercial disputes.
ClearPoint may decline matters requiring urgent legal relief, specialist statutory procedures, safeguarding intervention, regulatory action, criminal investigation or another process outside the scope of the Resolution Pathway.
Who Conducts the Resolution Pathway Review?
The review is conducted by an independent reviewer appointed by ClearPoint.
ClearPoint reviewers may include:
barristers;
solicitors;
accredited mediators;
senior disputes practitioners;
subject-matter specialists;
sector experts; or
legally trained neutrals with relevant experience.
The reviewer’s role is to assess the dispute pathway.
The reviewer does not:
decide the dispute;
provide legal advice;
act as a judge or arbitrator;
represent any party;
impose a settlement;
assess prospects of success;
certify court compliance;
compel any party to mediate; or
require the parties to use any particular ADR provider.
Parties may involve solicitors, counsel, insurers, funders, experts or other advisers where appropriate.
Core Principle
The ClearPoint Resolution Pathway™ is designed to create clarity before commitment.
The aim is not to push every dispute into mediation.
The aim is not to prolong litigation.
The aim is to identify the most proportionate route forward.
Some disputes need to be mediated.
Some need to be evaluated.
Some need expert input.
Some need to be narrowed.
Some need litigation.
Many need a better sequence.
ClearPoint is not pro-mediation for its own sake.
ClearPoint is pro-proportionate dispute resolution.
Our Services
