Advantages And Disadvantages Of Litigation

In order to identify the advantages and disadvantage of the tribunal system and the court system it is necessary to firstly identify what they are, their purpose and then what the advantages and disadvantages of these two systems of dispute resolution are.

A 27year old African American man pled guilty and was convicted on five counts of common law burglary. He was sentenced to death in accordance with Alabama state law. The prosecution presented the eyewitness accounts of the events and the petitioner did not testify. The defendant did not testify on his behalf, nor did counsel present his case. The judge accepted the guilty plea without any confirmation from the defendant concerning his voluntariness of his guilty plea or its consequences.

Disputes between individuals can be resolved through mediation, tribunals and courts are sought depending on the complexity and nature of the dispute. Their effectiveness in achieving justice for and between individuals to varying extents will be assessed by their ability to uphold notions of fairness, equality, access, timeliness, enforceability and resource efficiency.

I feel the labor relations system as currently constituted is effective for resolving disputes as long as both parties are committed to negotiating in good faith. Although, I feel the current system is effective a further explanation of the systems strengths and weaknesses will better explain the effectiveness of resolving disputes. It is in both the companies and the labor interest to negotiate with as little third party interaction to come up with an agreement. In times when there are disputes their different course of action that start from a least costly without giving up power in the decision to the possibility of becoming more costly to either party and give up the power in the decision. As discussed in the text when an organization and labor cannot come up with an agreement a third party may be asked to come in to negotiations to resolve a dispute which includes mediation, fact-finding, and interest arbitration.

Small claims court was established as an alternative dispute resolution forum. It is less expensive, faster and less formal than litigation. The increase in the jurisdictional limitations of Small Claims Courts have contributed to increase the caseloads in Small Claims, the popularity of the TV shows such as Judge Judy or Judge Brown also contributed to the caseload and peoples automatic action to fill cases. In order to clear the backlogs, in 1999 after a year of testing, Alberta Justice Minister of Alberta David Hancock made mediation a permanent part of the provincial civil court division. Based on the report, mediation helped to speed up the process. Cases were going to mediation within 5 weeks instead of 6 months just to get a court date. Alberta still incorporates mediation in their civil courts. Parties can choose to go to mediation or the courts can decide for them if they see fit. In 2004, research done in the U.K regarding mediation in Small Claims Court also indicated there is an increase satisfaction for parties and maximised efficiency in the use of judicial resources. What is the difference between Small Claims and Mediation? How would mediation help Small Claims Court? What are the limitations of such action? Are a few of the question that will be answered in this paper.

29. i) Litigation is when people go to court in order to get a positive ruling for their cause. Interest groups use this technique to force lawmakers to change or add fair

By and large, the appropriation of the case administration layout for a court system can have numerous positive and negative impacts. As the chairperson of a court with 50 workers, the expansion of caseloads has turned into a prevention of productive work. A positive angle for this surprising increase in the amount of cases could evolve into new additional duties for the court system itself. Despite the fact that the immediate benefits of this case administration framework are rare, they have a tendency to become more apparent when the system has been set up for some time. The issue with a longer usage time is that system itself tends to be slow to change. Thus when something has been the standard for quite a while, an orderly change is hard. The negative impact of this case management system is the deficient precautionary measures taken when caseloads get to be overpowering. The case management system combined with a 50 man court framework has turned out to be a disappointment after some time, and the pattern is deteriorating. With the case documenting multiplying in the previous seven years, it is vital that something is done to diminish the effect of being overpowered. Case management has made judges reconsider their present system in dealing with the courts (Peak, 2010).

Note that your students can find the answers to the even-numbered For Review questions in Appendix F at the end of the text. We repeat these answers here as a convenience to you.

Alternative dispute resolution (ADR) is the term used to describe the resolution of disputes inside or outside the legal system, without formal adjudication. It includes arbitration, mediation, conciliation and negotiation. There are problems associated with going to court. These include the adversarial process used to find a winner and loser, which often creates stress for, and increases the division between litigants. The advantages associated with the use of ADR have prompted a debate whether Parliament should make it compulsory for all litigants to first use ADR before they go to court to seek solutions to their differences.

Depending on the cause of action and the value of the case, Employment disputes can be commenced in one of three courts;

Today, CPP changes in pension law reform, particularly for division requiring expert and legal guidance. Legal services may fall into two categories; business benefits and pension and family law for litigation or class actions. Litigation is a process to resolve disputes by filing a complaint. The complaint is governed through a legal process to determine the change or value of benefits under family law practices. A class action is usually business related representing the collective who may have suffered damages. Both methods require some level of legal representation to reach a settlement.

This essay expands upon the concerns raised in the Access to Justice report and assesses the benefits and drawbacks of online dispute resolution. Online dispute resolution has the potential to save time and costs for those who use it. Furthermore, advocates of online dispute resolution praise it for its communicative and flexible nature, both of which are in opposition to the more traditional adversarial conduct of other methods of dispute resolution. However, it does not fully solve the issues identified in the report. Of most concern is the fact that

This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay will base its arguments on whether courts should compel civil litigants to follow the ADR route upon the perceived advantages of ADR and its success rate. The contention of this essay is not that mediation is inappropriately used to settle

In order to avoid an Employment Tribunal, which can prove expensive to the complainant and the respondent, cases may be settled before and during formal legal proceedings. This is often arranged by a mediator.

Occasionally disagreements do occur, and in these cases the union may decide to take industrial action. If the problem cannot be resolved amicably, the matter may go to an industrial tribunal. The purpose of industrial tribunals is to make sure that employee and employers conform to employment laws. They are made up of people outside the workplace who make a judgment about the case, based on the employees and employers point of view. Cases that go to industrial tribunals are usually about pay, unfair dismissal, redundancy or discrimination at work. The Advisory, Conciliation and Arbitration Service (ACAS) is often used to help find a solution to a dispute, which is acceptable to both sides. Its duty under the Employment Protection Act is to promote the improvement of industrial relations and in particular to encourage the extension of collective bargaining and also to develop collective bargaining machinery (Mclean, 2007). Its main functions are: advisory work, collective conciliation, individual conciliation, arbitration, and extended investigation into industrial relations problems.