• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

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

Extracts from this document...

Introduction

Specimen Examination Questions 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. ...read more.

Middle

Civil Courts however, are free for the public to witness; this may make a lot of people unwilling to take their problems to court. An excellent advantage of Arbitration is that the arbitrators are experts in the matter of the dispute and can apply their knowledge effectively. Whereas the majority of the Judiciary in a civil court would perhaps struggle with the complex legal terms and end up deciding a case with very little or no legal experience or expertise. In Tribunals, lay members are appointed for their expertise in the area to which the tribunal relates. This ensures consistency and a good application of legal knowledge. Many independent Mediators and Mediation services report that in more than four out of five cases, the parties are able to settle all issues in dispute to their mutual satisfaction. Compared to court, where the losing party is almost always angry, this can definitely be considered a success. Unlike the courts, Mediation is very informal and this could be seen as part of the reason to why it is so successful. ...read more.

Conclusion

who not only knows far more about this particular product, but has also been trained extensively in negotiating techniques for this exact situation. This makes it hard for the weaker party to put their argument across, leaving them vulnerable, whereas in court a barrister or solicitor could represent them. When discussing Tribunals, there is a clear unfair imbalance between parties that are represented and those that are not. It is unfair to people who cannot afford legal representation and cannot get Legal Aid to come up against a rich corporation. Since richer parties are allowed to employ skilled laypersons, they are consequently more likely to win. Clearly, there are advantages and disadvantages to all of the dispute resolutions including the Civil Courts and so it would be impractical to have some without the others. The ADR's provide cheap and fast options to the Civil Courts; however, it could be argued that disputes are not always fully resolved and that many of the disputes that are resolved are not done so fairly. Hence, it shows that the Court provides a more stable and rewarding sense of justice that cannot be exploited as much as the ADR's can be. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Marked by a teacher

    Alternative Dispute Resolution (ADR) is the name given to the process where parties in ...

    5 star(s)

    The problem with costs will also not go away as there will be front loading of fees by the lawyers and this may even act as a deterrent as litigants will need to come up with the money at a very early stage.

  2. Marked by a teacher

    Describing the Rules and Aids to Statute interpretation. Including Advantages and Disadvantages.

    4 star(s)

    Also as of the Pepper v Hart case of 1993, the general prohibition that a court cannot refer to Parliamentary materials such as Hansards- a record book of everything said in the Parliamentary Houses was relaxed. Thus meaning that judges can refer to these if: Legislation is ambiguous or obscure

  1. Explain and comment on the main reforms made to the civil justice system after ...

    This system deals with claims above �15,000. All claims worth less than �25,000 are dealt with in the County Court, however, if a claim exceeds the amount of �50,000 then it is addressed in the High Court. If claims are in the middle of �25,000 to �50,000, then the courts

  2. Notes on Sentencing in British courts

    o Benefits it prevents re offending, reduces prison population. Extended Sentences o Sec 85 of POCC(S)A 2000 gives sentencing court power to extend sentences for violent or sexual crimes. o The offender is given custodial sentence plus further extended period up to ten years, which they are out on licence.

  1. Identify and comment on the advantages and disadvantages of these alternatives compared to a ...

    Confidentiality is something that can be offered in Mediation, Conciliation and Arbitration cases and in certain circumstances, Tribunals also follow the same programme. Civil Courts however, are free for the public to witness; this may make a lot of people unwilling to take their problems to court.

  2. Penal Studies for Professional Practice

    There are currently only 17 establishments out of 103 dedicated to women (Cavadino & Dignan 2002, p325), therefore, many women are forced to be located in remote locations far from home. This makes maintaining contact with their children, family and friends difficult, which may potentially damage relationships.

  1. The rich get richer and the poor get prison

    The system that emerges is what we have today. In the chapter, "Crime Control in America," Reiman suggests that the system has been designed to fail. Imprisoning drug offenders, for instance, does nothing to reduce the number of drug offenders in society because they are immediately replaced.

  2. Outline the range of alternatives to the courts that deal with civil disputes

    A tribunal's proceedings are inquisitorial rather than adversarial and characterized by openness, fairness and impartiality. The parties can present their case in their own words so they feel they have had a fair hearing. ADR - This has been described as 'a collective description of methods of resolving disputes otherwise than through the normal trial process.'

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work