alternatives to going to court Flashcards
- commercial arbitration
where a third party solves their disputes rather than going to court
- parties agree to be bound by the decisions of the arbitrator
what are the advantages and disadvantages of commercial arbitration?
advantages:
- normally an expert
- quick/cheap
- less formal
disadvantages:
- lack of legal knowledge
- bargaining powers of the parties are important
- do not judges power
what is the ombudsmen services?
- if the dispute falls into either legal, banking, insurance or financial services then ombudsmen can investigate and resolve problems
what is conciliation?
- concilliator assists the parties to explore all possible solutions for settling disputes
- points out positives and negatives of the solution
what is mediation?
- conducted in private at a time and place to suit the parties
- He may or may not be legally qualified. The mediator acts as a facilitator through which the disputing parties can communicate and negotiate.
what are tribunals?
tribunal systems are specialized courts or quasi-judicial bodies that handle specific types of legal disputes or administrative matters outside the traditional court system.
pros and cons of tribunals:
pros:
- cheaper
- informal
- quicker
- flexible
- persons sitting on tribunals have expert knowlegede in the subject area
cons:
- difficult to get legal aid
- urgent cases are not resolved quickly
is the doctrine precedents a good or not so good idea?
A good idea because….
- it provides certainty to the law.
- it means the law can be flexible
- it keeps the law on a practical level
- it can be quicker than waiting for Parliament to legislate
- it can save litigants money
Some disadvantages…
- the courts can distinguish cases
- the certainty mentioned above can make the law rigid
- there is so much case law
- the law is developed in a haphazard way
- judges are not democratically appointed
