Civil Dispute Resolution

Question 1

What is “Litigation”

Answer 1

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Question 2

Examples of alternative dispute resolutions

Answer 2

The most common ones are arbitration and mediation

Question 3

Arbitration

Answer 3

Arbitration is a method of dispute resolution in which the parties agree (usually in advance) that their dispute will be resolved by a third party neutral or, most commonly, by a panel of third party neutrals.

Question 4

Mediation

Answer 4

Mediation is a process whereby parties take their dispute to a mediator, who is a third party neutral appointed to assist the parties in reaching a satisfactory solution to their dispute.

Question 5

The U.S. system of litigation is an adversarial system

Answer 5

The parties and their attorneys have primary responsibility for defining the issues, for conducting pre-trial factual discovery, and for the presentation of evidence to the decision-makers at trial.

Question 6

Contingency fee

Answer 6

A contingent fee is any fee for services provided where the fee is payable only if there is a favourable result.

Question 7

If a case is won, who pays the attorney fees?

Answer 7

There is a general rule of no fee-shifting in the United States, which means that each party pays its own attorney fees, regardless of who wins the litigation.

Question 8

What is the role of the jury?

Answer 8

The jury is charged with making determinations of fact in civil (and criminal) trials.

Question 9

Advantages of the jury system

Answer 9

The jury system enhances the prospects for settlement; promotes confidence in the system; and allows for the active participation of the public in the administration of justice.

Question 10

Criticisms to the jury system

Answer 10

The jury system adds to the expense and delay attendant to trials; the presence of the jury imparts a certain level of inflexibility to the trial procedure; and juries cannot be relied upon to reach reasonable decisions, especially in complex or highly emotional cases

Question 11

What is a counterclaim?

Answer 11

In a counterclaim, the defendant sues the plaintiff in response to the original suit.

Question 12

Punitive damages

Answer 12

They are intended to punish the wrongdoer

Question 13

What can a court of appeal do?

Answer 13

The court of appeals can either affirm or reverse the lower court or agency decision.