civil courts Flashcards
negotiation advantages
saves difficulty
saves time
saves expenses
negotiation disadvantages
potential weakness of case
Media can report
wasted time
meditation+ conciliation advantages
less formal
maintains working relationship
encourages cooperation
meditation+ conciliation disadvantages
no guarantee dispute will resolve
both parties must reach compromise
meditator has to be paid
meditation and conciliation difference
meditator plays more active role in meditation
negotiation
disputes solved through money
arbitation
a private trained arbitrator makes the decision and solves disputes
arbitration advantages
parties have control over arbitrator
uses experts
private
arbitration disadvantages
can be unequal
expensive
not all cases are suitable
CAPE
Case management
Allocate resources
Proportionate
Equal footing
small claims
up to 10,000
1500 in personal injury
not in open court
district judge
fast track
between 10,000 to 25,000
1,500 in personal injury
timetable set
district judge decides
multi track
over 25,000
timetable set
trial in open court
district, circuit, high court
civil court advantages
legally binding
Divisions so cases can be dealt with in best way.
Conducted by legal experts
appeal process easier
civil court disadvantages
delayed
expensive
focuses on wining and losing rather than justice
kings bench
Tort, commercial, construction
chancery
business, partnership, wills