Advantages and Disadvantages: Flashcards
Civil Courts:
Advantages:
Simple, Logical System
Small Claims is less formal than County Court. District Judge dictates time and questions.
Solicitor not needed in many cases.
Appeals Available
Jury in Tortious Cases
Disadvantages:
ADR Encouraged
Expensive and Time Consuming
KBD based in London
Negotiation:
Advantages:
Quickest, Cheapest, Most Informal way of settling disputes.
No Courts or Lawyers needed.
Disadvantages:
Confrontated needed.
If not settled, can go to court, who may send it back to Negotiation or other form of ADR
Mediation:
Advantages:
Parties essentially in control of proceedings and decisions.
Common sense needed, not law.
Disadvantages:
Only works with co-operation
Not ultimately binding on both parties.
Conciliation:
Advantages:
More formal than Mediation
Impartial Conciliator takes on and active role in suggesting and advising.
Disadvantages:
Can require confrontation
Can be on phone
Not binding
Decision not followed means Civil Courts needed.
Arbitration:
Advantages:
Agreement to go to arbitration can be made at any time. Scott v Avery
Decision binding and enforced by courts.
Voluntary
Disadvantages:
Confrontation required.
Can be free, however can be expensive.
More expensive than court with a professsional arbitrator
