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The civil courts and other forms of civil dispute
Courts of first instance:
Civil disputes are between individuals, partnership companies, local/national government
departments
Can disagree on: contract, negligence claim, landlord and tenant relationship
Local or national government departments may be the subject of a claim for judicial review
A claimant…

Page 2

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Approximately 20 judges who sit in the Chancery Division
Includes specialist courts, example: Companies Court
Cases will be heard at the Royal Courts of Justice or in one of the eight specified
Chancery centres in the country

Appeal Hearings:
A party is dissatisfied with the court's decision and requests a…

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Conciliator is neutral and is not acting as a representative

Types of disputes:
ACAS operates conciliation scheme in industrial disputes for example in Employment
tribunal cases
ACAS is sent a copy of the employee's claim and employer's response
ACAS representative will be an expert on employment law

People involved:
Conciliator:…

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Legal expertise/experience: Lack of technical knowledge:
Judges have gained experience of law and the Judges may have limited knowledge on the
legal system through acting as lawyers and matter under dispute
judges Example: a building dispute
Will guide parties through the court process Judge has to rely on another (expert)…

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Example: An employer's letter of apology to
employee

Cost: Lack of certainty:
Least expensive of all the ADRs Does not follow rules of precedent
Example: No court of legal fees Example: No `certainty' that a successful
Reduces the expenses of parties negotiation will be reached
Can cause more disagreements

Privacy:…

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Empowerment: Lack of certainty:
Empowers parties as a decision is not forced No certainty of the outcome of the mediation
upon them, encouraged to reach a mutual due to not following rules of precedent or
agreement parties not accepting offers
Example: Research conducted by Professor Example: Paul McCartney and Heather…

Page 7

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Example: A surveyor will charge hourly in a
building dispute

Informality:
Process is less formal than courts
No rules of evidence and use of lawyers
Example: In a dispute dealt with through ABTA,
the parties may represent themselves, not
needing detailed knowledge of relevant law

Cost-saving to the State:
Use…

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