2. Pre-action Conduct, Information and ADR
Use the applicable protocol, preserve evidence, seek proportionate early information or remedies and evaluate settlement processes.
How to study the CPQ Advanced stage
Prepare each separately assessed component on its own terms, then connect legal analysis, client judgment, drafting, accounts and research across the route.
Core concepts
Concept 1
Pre-action conduct requires information exchange, issue definition and proportionate steps directed toward settlement.
Exam cue: Identify the protocol and its timetable before writing.
Concept 2
Pre-action disclosure and urgent interim remedies require distinct legal and evidential tests.
Exam cue: Match the requested information or remedy to a recognised power and evidence.
Concept 3
Negotiation, mediation, early neutral evaluation and adjudicative processes suit different disputes.
Exam cue: Advise on ADR by cost, speed, control, confidentiality and enforceability.
Risk pitfalls and guardrails
Using pre-action correspondence as unstructured advocacy.
Guardrail: Do not study all optional modules as mandatory, combine unlike assessment structures, exceed professional authority or rely on outdated law, procedure, tax or regulator rules.
Seeking urgent relief without full and frank supporting evidence where required.
Guardrail: Do not study all optional modules as mandatory, combine unlike assessment structures, exceed professional authority or rely on outdated law, procedure, tax or regulator rules.
Rejecting ADR without a reasoned client-focused assessment.
Guardrail: Do not study all optional modules as mandatory, combine unlike assessment structures, exceed professional authority or rely on outdated law, procedure, tax or regulator rules.
Memory anchors
Protocol purpose
Exchange, narrow, preserve, value and settle.
Early remedy
Power, test, evidence, urgency, undertaking and order.
ADR choice
Cost, speed, control, privacy, relationship and enforcement.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
A supplier dispute falls within no specific pre-action protocol. Which framework should guide the parties' early conduct?
A prospective claimant holds perishable video data showing the defect and expects automatic deletion in seven days. What should be prioritised?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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