Civil cases are usually about disputes between individuals and/or businesses. There are usually other ways of settling an issue without going to court. These are legally called ADR (Alternative Dispute Resolution) Methods.
The methods are:
- Negotiation:
This is going to the other party concerned to talk to them about the issue at hand. Discuss you problem with them and see what can be done about it. Negotiation is the best method of resolving a dispute, because no one wants to go to court and this is the cheapest and quickest way.Text continues below the Sponsored Ad
An example of negotiation is when you buy something from a shop and you are unhappy with the product, you go back to the shop and talk to them about it. This usually results in you getting you a refund, or the product is replaced with another. This problem would have been solved through negotiation.
Solicitors can even be used to negotiate on their client’s behalf.
Advantages:
* Cheap, relatively free
* Easy, no form filling, no legal terminology
* Quick, Can be resolved almost instantaneouslyDisadvantages:
* Award may not be as high as in court, getting compensation of a larger amount as opposed
to getting only a refund.
* May not be fair and one party may in one way or the other be deceived. - Mediation:
This is when there is a neutral third party acting as a facilitator, to consult with and covey messages and opinions of the two arguing parties. A mediator does not make any suggestions and takes a role that is no more active than conveying messages.The Centre for Dispute Resolution, which was set up in London in 1991, is an example of a commercial mediation service.
Advantages:
The two arguing parties are in control, a solution reached through mediation is done with
no help form the mediator and is a solution agreed on by the arguing parties. They make the decisions.
Disadvantages:
If the parties cannot cooperate and compromise, they may not be able to come to a solution. The mediator cannot make any input. - Conciliation:
This is a mediator who takes a more active role in the dispute, by making suggestions and giving their opinions on what should be done and how it can be resolved. - Arbitration:
This is when the parties agree to submit their claim to private arbitration. Private arbitration is governed by the Arbitration Act 1996. The parties can choose the number of arbitrators. If they are unable to agree, the Act provides that there should be one. The procedure is also decided by the parties.Text continues below the Sponsored Ad
Advantages:
1. The Parties can choose their own arbitrator, they can choose a lawyer, technical expert or
professional arbitrator.
2. The hearing time and place can be arranged to suit parties.
3. The arbitration procedure is flexible and decided on by the parties. Usually more relaxed
than in court.
4. The dispute is dealt with privately, so there is no publicity or media coverage.
5. Can be resolved quicker than in court.
6. Costs are less than if going to court.
7. The award is final and can be enforced by the courts.
Disadvantages
1. An unexpected legal point may come up which should not really be decided by a non-
lawyer arbitrator.
2. If a professional arbitrator is used, the fees may be expensive, may not be as much as
going to court, but still expensive.
3. The rights of appeal are limited, should a party not be happy with the decision.
4. Commercial and International arbitration sometimes takes as long as the Court process.
When making a claim, a track system is used; this is just the procedure which the claim follows. This is dependant on how much the claim is for and what the claim is for (why the claim is being made). There are three tracks, which are:
- The small claims track:
This is for claims under £5000, except for personal injury and housing claims, where the limit is £1000. These trials are held in the County Courts and tried by a District Judge, a solicitor is optional.Advantages:
1. The cost of the proceedings is low, especially for cases under £1000.
2. If you do not win the case, you do not have to pay the opposition’s costs (e.g. The
winner’s lawyer fees.)
3. A lawyer is not required; you can present your case yourself.
4. The procedure is quicker than for other cases, so is over sooner.
5. The District Judge should help the parties explain their case.
Disadvantages:
1. An allocation fee of £100 has to be paid for cases over £1000.
2. Legal funding is not made available in this type of cases, as is done in other cases,
especially criminal cases.
3. If one side uses a lawyer and the claimant does not, this will put the claimant at a
disadvantage.
4. Even if the case is won, the claimant may not always receive all of the money the court said they should receive. Only about 60% of successful claimants actually received all of the money.
The fast track:
This is for claims in between £5000 and £15 000. For personal injury and housing claims under £50 000. This can be heard by the High Court or the County Courts. - The multi track:
This is for claims over £15 000 or really complex cases of any amount. For personal injury and housing claims more than £50 000. This can be heard by the High Court or the County Courts.
The small claims and fast track were designed to deal with cases quickly and so the trial only lasts a day. The trial date is set within 30 weeks, which is relatively short when compared to the average waiting time of 85 weeks prior to the three track system; six months less.
The three track system was suggested by Lord Woolf in his Access to Justice Report.
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