civil courts and ADR

Question 1

N1/Claim form

Answer 1

filled in by the claimant to take a case to court
- defendant can admit and pay in full, dispute within 14 days
- if d doesn’t neither then a judgement in default can be applied for where the claim is ‘won’ and d is forced to pay the sum claimed

Question 2

ADR - alternative dispute resolution

Answer 2

resolutions used instead of going to court

Question 3

negotiation

Answer 3

2 people with a dispute can directly negotiate between the two of them to try reach a resolution - often still on going at the door of the court

Question 4

mediation

Answer 4

a third part (mediator) helps the parties to reach a settlement that involves compromise
- often used in family disputes over children and financial issues

Question 5

conciliation

Answer 5

• similar to mediation but the conciliator plays a more active role
  a third party (conciliator) helps the parties to resolve the dispute by discussing issues with both parties in order to help reach a better understanding of each others positions
• unlike a mediator, can offer advice.

Question 6

arbitration

Answer 6

where the dispute is decided by an independent arbitrator where the decision is final and binding

Question 7

small claims track

Answer 7

hears cases up to £10,000 or £1000 in personal injury claims

Question 8

fast track

Answer 8

hears cases between £10,000 - £25,000

Question 9

multi-track

Answer 9

hears cases that are worth more than £25,000 and are allocated to be heard in either the county court or high court if it involves more than £50,000 or has complicated points of law or evidence

Question 10

jurisdiction

Answer 10

the power to make legal decisions and judgements and the legal right to hear a case

Question 11

litigation

Answer 11

formal civil court case

Question 12

tribunal

Answer 12

a body established to settle certain types of dispute