civil courts and ADR

Question 1

name the civil trial and appeal courts

Answer 1

civil trial - county and high court
appeals from county - small claims, high or COA
appeals from high - court of appeal or supreme

Question 2

describe how a civil claim for compensation can be taken in court

Answer 2

• open court by a circuit/district judge
• judge reads case papers before hearing
• evidence and legal arguments heard in court
• then decides compensation payable, if there is any

Question 3

describe how a claim for unfair dismissal can be taken

Answer 3

• preliminary matters, brought forward within 3 months
• held infront of a tribunal panel with specialists
• decision either settlement, compensation, loss, or review

Question 4

describe the process of mediation

Answer 4

• neutral person helps parties to reach a compromise
• parties have control, mediatior won’t offer an opinion
• often used in family disputes

Question 5

describe the process of arbitration

Answer 5

• parties agree to let result be left to arbitrator
• arbitration clause is a scott v avery clause
• parties agree procedure for dealing with dispute
• formal hearing held in private
• gives an ‘award’, binding and can be enforced by court

Question 6

evaluate an individual claimant taking civil court action to recover debt

Answer 6

advantages:
* qualified judge who decides fairly
* allocates quickly to most suitable track
* legally binding decision

disadvantages:
* loser pays winners costs
* delay in preliminary and arranging hearing (several years)
* lawyer only represents if have high chance of winning