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

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

Extracts from this document...

Introduction

Outline the range of alternatives to the courts that deal with civil disputes There are various other ways of resolving civil disputes rather than court cases. These methods are sometimes better alternatives as court cases can have a negative effect on existing relationships between the parties. Also they can be cheaper, faster and less stressful. There are three different methods of alternative dispute resolution. Tribunals - On average 6 times more cases are dealt within tribunals than in county courts and high courts combined. This is roughly over a quarter of a million cases each year. Tribunals were set up during the Second World War to provide a less formal process to resolve disputes. They are cheaper and faster and generally deal with cases concerning social security and welfare benefits by the state. There are two types of tribunal administrative and domestic. There are seventy different administrative tribunals in England and Wales some of the important ones are: Employment - deals with cases involving things like unfair dismissal and sexual discrimination. ...read more.

Middle

This method is usually used to resolve disputes over commercial contracts, 10,000 of these are heard every year. Many companies state in their contracts that arbitration must be used before any court proceedings are undertaken.. An arbitrator is an independent judicator who is an expert in the chosen field there must be a mutual trust between the parties and respect for the final decision. Their decision is usually final but can be challenged in the courts on the grounds of irregularity. Arbitration fees are normally high but this is outweighed by the efficiency and speed of the process. Mediation is another alternative dispute resolution but the parties must be co operative as they are in control.The mediator just acts as a go between for them.He helps them come to a compromise by exploring the needs between the two parties and making offers for them. This method is becoming more important in divorce cases regarding property and custody as the court route is undesirable as it complicates issues and aggravates the parties. ...read more.

Conclusion

For businesses ADR is useful because they don't have to make their confidential information public like in a court and businesses can remain on good terms with each other. Many disputes are complicated and can be dealt with more effectively by someone who is an expert in that field. A judge may have a general understanding of a case but an arbitrator will have worked on that point of law for many years and therefore can produce a more just decision. The disadvantages of ADR are that in most cases, public funding is not available making it open to people who can afford it only.It is available on rare occasions. The lack of legal representation can make the process difficult for a party to cope. This also means one party maybe stronger and dominates the other resulting in a decision that doesn't fully benefit the weaker party. The lack of precedent reduces certainty for the parties involved. Overall the advantages of ADR outweigh the disadvantages simply because people want justice to be done in a cheaper, simpler and quicker way.ADR provides that and takes a lot of cases off the courts so they can deal with more serious ones. ...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)

    was one of the most significant of the reforms. The involvement of the courts in the active management of litigation away from the lawyers was designed to bring cases to trial quickly and efficiently by adhering to strict timetables. JCM also introduced the principle of proportionality where the financial and

  2. Marked by a teacher

    Briefly outline the various sentencing options available to the courts for both over and ...

    4 star(s)

    * Confiscation and civil recovery order - linked to a compensation order. As magistrates' courts can only award a fine of up to £5000, the courts may confiscate property stolen by the offender and return it to the victim to make up for amount of money due.

  1. Alternative Dispute Resolution Essay

    will affect the overall outcome of the case, if the parties can't control the case then it will also be difficult to come to agreements, if the barristers and lawyers are speaking on their behalf their own 'lay' opinions may be overlooked despite the fact that they are clearly just as vital if not moreso.

  2. Disputes - Is ADR always more appropriate or does attending court sometimes providing a ...

    Cases are strictly timetabled by the judge and should be heard within 30 weeks of the claim formally being made against the defendant. 7. For the MULTI-TRACKmulti-track, it deals with claims exceeding £15,000, and can be heard by either the County Court or the High Court, depending on the value and the degree of legal complexity of the case.

  1. Free essay

    Critically discuss whether the criminal courts of England and Wales require substantial reform. Firstly ...

    1972 on a point of law after a discharge on the accusation. The House of Lords is the final court of appeal on points of law for the whole of the United Kingdom and Wales in criminal cases. In criminal cases, the House of Lords may hear appeals from the

  2. THE ACCESS to JUSTICE ACT 1999 Civil Cases The state funding of civil cases ...

    rules to allow more flexibility and removing or at least reducing the advantage to legally aided parties.

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

    The fast track claims are originally addressed in the County Court, however, if matters become more complex then they may be referred to the High Court. The multi-track system deals with more complex claims and issues relating to public importance.

  2. Describe how civil disputes can be resolved without going to court (this does not ...

    The purpose of the mediator is to give a basis to both parties from which to begin discussion to form a resolution. The mediators purpose is not suggest an overall solution to the problem being discussed, but is to develop the areas of discussion and to make sure that the full story has been heard and understood by both sides.

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