22Overarching obligation to use reasonable endeavours to resolve dispute

22 Overarching obligation to use reasonable endeavours to resolve dispute 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.