Civil Courts and ADR
- Created by: Saarah Hussain
- Created on: 07-11-13 11:26
Negotiation
Parties come to compromise. Lawyers will will continue the negotiation.
It is a metting between both parties; could be other forms of communication eg phone
Each party states their position and must focus on issues
Can chose a representative
First method of solving a dispute
Parites select date time and venue
No cost expect venue
if not resolved goes to court
EG taking back damaged clothing and wanthing money back, Neighbour dispute over boundaries, international disputes about copyright
Conciliation
Conciliator suggests a course of action and are a messenger between both parties and is a messenger between them
Free from the government
Councilator and parties will meet , they listen and suggest how the problem can be resolved
Parties agree on a decision therefore is binding and sign a contract
If no agreement is reach they can take it to the high court with a fee.
Parties select date time venue
EG neighbour disputes, couple disagreements, employment disputes.
Mediation
Mediator assits in resolving a dispute. Parties have to resolve the issues
£1500 for the mediator is spilt between both parties
Neutral third party which can from ADR or Centre for dispute Resolution
Informal
Both parties are in different rooms; mediator is a messenger
EG partnerships, commercial matters, family disputes
Tribunals
A judge and 2 lay members sit, they have knowledge in the field of the case
Parties present all evidence
Informal
Free
Costs are not awarded
No legal aid unless it is the mental health tribunal
Decision is binding
Must give a reason behind desicion and must follow rules of natural justice
2 teirs ; first and upper - courts, tribunals and enforcement act 2007
2 types; domestic eg football accosiation and general medical council. Adminstrative eg employment, rent and immigration.
Arbitration
Abritratior makes the final decision called an award; it is binding
Scott v Avery clause in a contract says the parties will use arbitration
Charted Institute of Arbitrators can provide an arbitrator
Have to pay but cheaper than court
CIA runs ABTA for holiday companies and customers
Paper only - just send documents
Abritrator is a expert in field of dispute
Private; can only appeal if there is a serious irregularitiy
Parties decide on time date and venure
EG building contacts arbitrator can be a surveyor, commercial contracts
ADV of mediation/conciliation/negotiation
Relationships can be save eg richie woodall carried on working with manager
Informal therefore less stressful for people
Fast and convinient; can be arranged within 24 hours
Cheaper; 3rd person is either £1,500 or can sometimes be a volunteer
Settled within a day
Private; no one knows terms/affairs
Disadv of Mediation/conciliation/negotiation
Paties may not reach an agreement therefore may have to go to court
Imbalance of power as weaker party may feel overpowered and cant ask for what they want
No legal aid; wont help the poor
No right of appeal; cannot appeal the agreement once the contract is signed
Adv of Tribunals/arbitration
Cheaper; no lawyers and fees
Fast; hearing is fixed in a short period
Privacy; conducted in private
T - informal; no offical clothing
A - Expertise; arbitrators have specialist knowlege
Disadv of triubnals/arbitration
Lack legal knowledge; not a fair decision
Appeal; only if there is a serious irreguliarty
Inconsisrency; no judcual predcedent
No legal aid; wont help people who cant afford it
Civil Courts
County; hears claims under £25,000
personal injury claims under £50,000
Partnership disputes under £30,000
Deals with contract and neglience disputes
High;
Claims over £50,000
3 divisions; Queens bench - contract and negligence disputes
Family - divorce, adoption etc disputes
Chancery - Money disputes
Track System
Small claims track
claims under £10,000
personal injury under £1,000
Heard in county court, no lawyers and no witnesses are used
Fast Track;
claims between £10,000 and £25,000
Trial takes place within 30 weeks and lasts no longer than a day
Multi Track;
for claims over £25,000 or complex claims
In the High court or County
Appeal Courts
Small claims and fast track---> Next judge in heirachy
Multi track ---> court of appeal if prospect of success
High court appeals ---> court of appeal or leapfrog to supreme court
Court of appeal ---> supreme court on a point of law of public imfortance
EG. Royal College of Nursing v DHSS an appeal went to the supreme court on the phrase; registered medical practition
Adv of Civil Courts
Legal Expertise - judges who sit in the courts will have years of expertise as they have been barriesters and soliciters and will give detailed reasons for their decision
Public Funds - public money is available for some civil cases eg family disputes and if people are poor
Lots of remedies - the courts can award lots of different remedies eg compensation and injunctions
Case mangaged by judges - Judges take control and order parties to complete stages by certain dates
Get a final decision
Disadv of Civil Courts
Lack of techincal knowlege - the judges will need to rely on expert witnesses in techinal cases eg building
Slow - even fast track cases take 30 weeks. Bigger cases disputing more money take longer
Cost - court cases involved payment of fees to the courts solicitors and barristers.
Publicity - most cases will be open to the public and press therefore more stressful and embarrasing
Decision - the parties may not be happy will the decision that has been made.
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