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

There are several differences between a negotiated out of court settlement and a civil action for damages.

Extracts from this document...


Essay 2: AQA January 2002 a) There are several differences between a negotiated out of court settlement and a civil action for damages. When a dispute arises between two groups - the easiest way to resolve it is by negotiation. This involves meetings until an agreement is reached. However the potential claimant (or plaintiff) may decide to begin legal proceedings rather than negotiate, or if an agreement cannot be reached. Obviously, with the millions of summons served everyday and all the delays that occur during litigation - a final decision can take a long time. Negotiation is often much quicker as the court need not be involved and delays do not occur if both parties want to resolve the dispute with minimum hassle and cost. Civil action is expensive from the outset, with a claims form itself costing money. Each side must take into account the court fees and of course lawyer's fees they may have to pay if they lose. Negotiation on the other hand does not inevitably cost anything - merely a stamp if the discussions are being done by post, or the price of hiring a room for debates between the two sides to take place. ...read more.


Often the judge will order that other ways of finding resolutions are tried, this saves the public, and the people involved in the case both time and money. These other options are known as ADR - Alternative Dispute Resolution. Arbitration is basically a personal judge whose decision both parties agree to accept. It is used most commonly in international law (for example in settling the oil in the North Sea dispute between various European countries). It's success depends primarily on both party's willingness to accept this independent judge's decision. Basically both sides appoint an autonomous arbitrator, and then both points of view are put to him/her. This seems very much like regular civil cases but the arbitrator has no power to make witnesses give their evidence and no legal aid is available. Also the costs of arbitration are shared between the two sides in proportions they agree. At the end however, like court cases, one side loses and the other wins depending on the arbitrator's verdict and this is legally binding. Another difference between litigation and arbitration is that there are no appeals during the latter except to the High Court if a violation of justice or visible error of law. ...read more.


magazine) The Commission firstly tries to come to an amicable resolution, trying to persuade the editor to apologise/compensate the individual. Where this is not possible the PCC makes its own investigation and its findings are usually published in the paper involved and the press generally. However as the Commission is not legally bound, the press can and have reprinted articles and images and this can lead to litigation as a last resort. The fact that the PCC has no powers legally is a flaw in using this as an alternative to litigation and of course it can only be used for disagreements concerning the press. Another failing is that they can only act after the publication and has no powers to halt the printing of any damaging information. The final alternative to litigation I will discuss is using an Ombudsman. Their function is to look into misadministration in public bodies (such as the NHS) or government departments (such as the Benefits Agency). There are also private sector ombudsmen for complaints to do with the railways, for example. The complainant has no onus of proof, but they must produce some evidence (prima facie) to show that their complaint has some basis. Although technically an ombudsman's findings are not legally enforceable, in practise their recommendations are almost always followed (usually a written apology and/or compensation). ...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)

    There is still no sizeable decrease in delay as the courts are still under resourced in terms of manpower and technology. Lawyer's work actually increase as a result of having to respond to the court's management directions and tended to increase rather than reduce costs.


    absence of any one of the opposite sex, unless you specifically request otherwise. The power to search a vehicle includes a power to search anything in or on it. If an unattended vehicle is searched, a notice to this effect must be left behind - inside the vehicle if reasonably

  1. Alternative Dispute Resolution Essay

    business wants to keep to itself, for example if a bank wanted to sue another company for hacking into their private database the bank wouldn't want to publicise this because customers would become unnerved and wouldn't want to use an insecure bank, however if the bank used ADR then no-one

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

    The judge exercises case-management, involving pre-trial hearings between the parties and the laying down of a timetable to bring the case to court. 8. In the past, lot of people usually took legal action to resolve their dispute.

  1. "If the Constitution is the source of governmental power, and the judiciary interprets the ...

    the court ruled that federal income taxes were illegal. The 16th amendment reversed this decision, but only in 1913 a full eighteen years later. This measure is also subject to a 2/3 majority in congress and the approval of three quarters of the State legislatures and It is a tortuous process.

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

    Often, these proceedings are scheduled after much of the investigation and evidence-gathering discovery has been completed, but before serious trial preparation has commenced. At the proceeding, evidence is presented, legal arguments are made and the Arbitrator issues an award in favour of the winning party.

  1. Court proceedings.

    Shadow juries watch the trial as a real jury and proceed to act as a jury. In general, these studies found that juries did proceed in a rational manner, rarely disagreed over verdicts and that shadow juries tended to agree with the real jury.

  2. Explain the ranges of sentences available to the judge or magistrate.

    Therefore, treating like cases in a like manner has little or no part to play. Furthermore, the success of a rehabilitation programmed is measured by studies of recidivism. Few of which lend much support to the idea that rehabilitation works.

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