Pros And Cons Of Using Civil Courts And ADR To Solve Disputes

Question 1

Advantages of using the civil courts

Answer 1

Simple, logical system

Simpler DIY method of bringing a case

Small Claims Court is less formal than the main County Court

Solicitor not needed in many cases

Simplified and single set of rules governing both High and County Court

Appeal routes possible from both courts

Jury trial possible in tortious cases

Question 2

Disadvantages of using the civil courts

Answer 2

ADR is encouraged, but not always appropriate or enforced by judges

Expensive and time-consuming cases can prevent many claims from reaching the High Court

KBD is based in London, but the Chancery division has bases around the country

Question 3

Pros and cons of negotiation

Answer 3

Pros:
Quickest
Cheapest
Most informal
No court or lawyers

Cons:
Requires confrontation
May still go to court anyway as dispute may not be settled

Question 4

Pros and cons of mediation

Answer 4

Pros:
Parties are, in effect, in control of proceedings and decisions
Based on common sense, not legal rules

Cons:
Only works if both sides agree and cooperate
Many decisions made here may not be ultimately binding on both parties

Question 5

Pros and cons of conciliation

Answer 5

Pros:
More formal version of mediation

Cons:
Might require confrontation between parties
Decision of conciliator is not binding
Parties may still need to go to court if the decision is not followed

Question 6

Pros and cons of arbitration

Answer 6

Pros:
An agreement to arbitrate can be made at any time
Decision is legally binding and enforceable through the courts
Voluntary

Cons:
Requires confrontation between the parties
Although generally free, it ma not be in some cases
Professional arbitrators can cost more than going to court