Law 02 revision essays part3

CIVIL PROCEDURE ACT 1997
Track is process and court that deals with pre-trial matters and the trial

Small claims track- simple cases

• up to 10,000 in damages
• claimant and defendant represent themselves
• heard in private, small claims court, district judge
  Fast track- more complicated cases
  10,000 to 50,000 in damages
  barristers/ solicitors represent claimant and defendant
  open court, county court, trial lasts 1 day
  Multi track- complex cases
  50,000 and over in damages
  barristers/ solicitors represent claimant and defendant
  open court, high court, trial lasts 1 day or more

Alternative method used by claimant instead of court

Negotiation- direct discussion with each party, solicitors can negotiate settlement
:) private, quicker, cheaper way of settling disputes
:( parties may not come to an agreement

Mediation- neutral mediator helps parties reach a compromise
:( only suitable if parties will co-operate
:( mediator will not suggest solutions

Conciliation- third party helps resolve dispute
:) conciliator plays active role and suggests solutions

Arbitration- parties agree to let third parties make binding decision
:) lawyers or industry professionals
:) covered by ARBITRATION ACT 1996, and decision is legally binding if
signed by both parties