6: Effectiveness of cicil pre-trial procedures

Question 1

Fair and Unbiased Hearing Pleading Strength:

Answer 1

In an out-of-court settlement is not possible, pleadings allows parties to gain knowledge of the opposing parties’ case so they can better prepare and present their case in court.

Question 2

Fair and Unbiased Hearing Discovery Strength:

Answer 2

Reduces element of surprise at trial, and each party ill be on an equal footing.

Question 3

Fair and Unbiased Hearing Pleadings, Discovery and Directions Hearings Weakness:

Answer 3

These pre-trial procedures are very complex, and unrepresented parties can be at a disadvantage

Question 4

Effective access to the legal system Directions Hearings Strength:

Answer 4

Directions hearings encourages an out-of-court settlement through mediation

Question 5

Effective access to the legal system Weakness:

Answer 5

The complexity of pre-trial procedures requires the expertise of lawyers, which can be very expensive

Question 6

Timely Resolution of disputes Pleading and Discovery Strength:

Answer 6

The exchanges of documents can encourage discussion between parties, which could lead to an out-of-court settlement.

Question 7

Timely Resolution of disputes Directions Hearings Strength:

Answer 7

The court can refer matters to mediation.

Question 8

Timely Resolution of disputes Directions Hearings Strength 2:

Answer 8

Sets a timetable for future pre-trial procedures so that the matter can efficiently proceed to trial

Question 9

Timely Resolution of disputes Weakness:

Answer 9

Pre-trial procedures are all complex and time-consuming procedures. These delays are often caused by parties who may not understand the procedures.