A person to whom the overarching obligations apply must use reasonable endeavours to resolve a dispute by agreement between the persons in dispute, including, if appropriate, by appropriate dispute resolution, unless—
(a) it is not in the interests of justice to do so; or
(b) the dispute is of such a nature that only judicial determination is appropriate.
Example
A proceeding where a civil penalty is sought may be of such a nature that only judicial determination is appropriate.