The Civil Courts and other forms of Dispute Resolution Evaluation of other forms of civil dispute resolution

Objectives State the advantages and disadvantages of each form of civil Give examples that illustrate these advantages and disadvantages Compare the courts with each of the other forms of dispute resolution Evaluate civil dispute resolution

Key Terms Public Funding Remedies Civil Procedure Rules (CPR) Chairperson Judicial Precedent Rules of evidence

The Civil Courts: Advantages Legal expertise/experience Judges have extensive experience Availability of public funding Community Legal Service oversees Public funding is available fro some civil cases (divorce) Remedies Civil court can award winner remedies (damages, injunction, specific performance) Covered by Civil Procedure Rules (CPR)

The Civil Courts: Disadvantages Lack of technical knowledge Slow process Lack of flexibility in court process Need for lawyers General cost Adversarial process Publicity

Tribunals: Advantages Expertise Reasons for decisions Cost Informality Flexibility Speed Privacy Congestion relief

Tribunals: Disadvantages Influence of chairperson on lay members Lack of availability of public funding Appeals procedure Inconsistencies in decisions Publicity Formality

Arbitration: Advantages Expertise Privacy Convenience Enforceability of award Informality Speed Cost Cost-saving to the state

Arbitration: Disadvantages Lack of legal expertise Inconsistencies in decisions Cost Appeals Lack of awareness/popularity

Mediation: Advantages Speed and convenience Lack of formality Empowerment Cost Expertise Privacy

Mediation: Disadvantages Imbalance of power Lack of legal expertise Lack of certainty Enforceability

Conciliation: Advantages Pro-active element of conciliator Expertise

Conciliation: Disadvantages Imbalance of Power

Negotiation: Advantages Speed Formality Cost Privacy

Negotiation: Disadvantages Imbalance of power Lack of legal expertise Lack of certainty Enforceability

Objectives State the advantages and disadvantages of each form of civil Give examples that illustrate these advantages and disadvantages Compare the courts with each of the other forms of dispute resolution Evaluate civil dispute resolution