Identify and comment on the advantages and disadvantages of these alternatives compared to a claim through the civil courts.

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1(b) Identify and comment on the advantages and disadvantages of these alternatives compared to a claim through the civil courts

        Going through the civil courts can be a long, arduous process and many people seek other means of gaining justice. However these means can have disadvantages as well as advantages. Mediation, Negotiation, Conciliation, Arbitration and Tribunals are all routes, which can be taken to avoid going through the courts.

        Many people avoid civil courts because of the long delays in deciding a case and the costs, which are huge. There is also the fact of formality in courts, which can ruin the relationship between parties and complicate simple disputes, and legal representation, which is expensive, slow, and a factor that increases the formality. However, there are also advantages to going through the civil courts such as the formality that means the parties know what to expect and are therefore prepared; and the legal representation, which means that people have professional assistance in preparing and presenting a case.

        The delays in the County Court average 20 months and cases, which end up in the High Court, take an average of up to 3-4 years. This seems absolutely ridiculous, especially when compared to the matter of months a well-run arbitration takes. To aid in this problem in the courts, the fast-track scheme has been developed. This process allows for claims of under £15,000 to have a hearing within 30 days, shortening the delays dramatically.

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         The cost in the Civil Courts is huge and very often the costs may actually exceed the amount awarded in damages/claims. In the High Court the total cost for both sides averages at around 75% of the total compensation. Not only is the cost huge, there is also the fact that Legal Aid is only given to people in very poor circumstances, which means that most people are expected to pay for their own defence, even though they cannot often afford it. To an extent arbitration is also expensive as the arbitrator and venue both have to be paid ...

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