adv and dis of using the civil courts and A D R to resolve disputes.1️⃣2️⃣

Question 1

(Advantages of The Civil Courts)
P-Civil courts are presided over by qualified judges.

Answer 1

Dev/I/E):
Development:
Judges in the County Court or High Court are experienced, qualified lawyers who apply established rules of evidence and procedure to ensure cases are dealt with fairly and objectively.
Development: They know the law well and use it to make decisions based on facts, not personal opinions. This helps avoid unfair or random outcomes.
Impact:
Because of this, cases are handled professionally and consistently, giving parties confidence in the fairness of the decision.
Example:
A complex contractual dispute in the High Court being fairly resolved under correct legal principles.

Question 2

(Advantages of The Civil Courts)
P-Decisions in civil courts are legally binding and enforceable.

Answer 2

(Dev/I/E):
Development:
Judges provide enforceable remedies at the end of hearings, ensuring that successful parties receive what they are entitled to.
Development: If the losing side doesn’t follow the order, the winner can ask the court to make them comply using things like bailiffs or taking money from their bank account.
Impact:
This guarantees resolution for both sides and ensures court orders have real-world effectiveness.
Example:
An awarded compensation sum being enforced through a High Court enforcement officer.

Question 3

(Disadvantages of The Civil Courts)
P-Civil court cases can be very expensive for the parties.

Answer 3

(Dev/I/E):
Development:
The losing party usually has to pay their own legal costs plus the winner’s costs. In High Court cases, legal fees can easily be higher than the amount claimed, especially as lawyers are often needed for complex cases.
Development: Even if you win, you might not get all your legal fees back, and the process can still cost a lot overall.
Impact:
Because of this, people may be discouraged from bringing claims or might lose more money even if they win a small award.
Example:
A person winning £10,000 but having to pay £20,000 in legal fees.

Question 4

(Disadvantages of The Civil Courts)
P-There is uncertainty about the outcome of civil cases.

Answer 4

(Dev/I/E):
Development:
Even with precedent, it’s impossible to guarantee the outcome until a judge or appeal court makes a decision.
Development: Judges can interpret the law in different ways, so even if someone has a strong case, things might not go how they expect.
Impact:
This means that even strong claims carry risks, making it harder for claimants to know whether to settle or fight in court.
Example:
A negligence claim unexpectedly failing because the judge interprets duty of care differently.

Question 5

(Advantages of ADR )
P-ADR is cheaper than going to court.

Answer 5

(Dev/I/E):
Development:
ADR discourages the use of lawyers and can sometimes even be free, like negotiation. Some services, like West Kent Mediation, offer free third-party help.
Development: This means people can solve their problems without worrying about paying court or legal fees.
Impact:
Because of this, access to justice is easier for people who can’t afford expensive court cases.
Example:
Someone using free mediation services to settle a neighbour dispute.

Question 6

(Advantages of ADR )
P-ADR is faster than court proceedings

Answer 6

(Dev/I/E)
Development:
Most ADR methods are voluntary, and parties are encouraged to compromise. Without fixed procedures (except tribunals), disputes can be settled quickly.
Development: This allows parties to avoid the delays and long processes of the court system, which can take months or even years.
Impact:
This means disputes are resolved efficiently, allowing parties to move on with their lives sooner.
Example:
A small business resolving a contract dispute through mediation within weeks.

Question 7

(Disadvantages of ADR )
P-ADR does not follow precedent, leading to unpredictable outcomes.

Answer 7

(Dev/I/E):
Development:
Even in tribunals, decisions are based only on the facts of the case, unlike courts where similar cases are treated similarly using precedent.
Development: This means it’s harder to predict what will happen, and different people might get different results even with similar problems.
Impact:
This could mean inconsistent results and unfairness, especially since appeals are limited in arbitration and tribunals.
Example:
Two employees with similar claims getting very different outcomes in different tribunal hearings.

Question 8

(Disadvantages of ADR )
P-Discouraging lawyers in ADR can cause unfairness between parties.

Answer 8

(Dev/I/E):
Development:
Without legal help, a party who is better at negotiating or has more knowledge could overpower a weaker party, like in medical negligence or injury cases.
Development: This is especially risky in cases like medical negligence, where one side (like a hospital) has much more experience than the other.
Impact:
This means outcomes can be unfair if one side has an advantage.
Example:
A hospital easily out-negotiating a patient in mediation without legal support.