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

2. 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

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

4. 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)

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

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

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

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

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

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

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

12. Conciliation: Advantages
Pro-active element of conciliator
Expertise

13. Conciliation: Disadvantages
Imbalance of Power

14. Negotiation: Advantages
Speed
Formality
Cost
Privacy

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

16. 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