Civil Courts and ADR

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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

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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.

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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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Comments

LOL2345

Many spelling mistakes that make the whole thing a bit too confusing but the notes are concise and easy to remember. Not too bad overall. :)

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