Advantages And Disadvantages Of The English Legal System

The use of the court system can result in time and high costs. Some litigation take years to resolve and cost thousands or more in legal fees and related expenses. Alternative dispute resolution (ADR) methods are a non-judicial dispute resolution where disputes are resolved outside of the courts. The major forms of ADR are arbitration, negotiation, mediation, and mini-trial.

Most men of the white ethnicity and upper class families tend to get treated in the american court system as if they are the victims of the crimes that they committed. Some judges in particular sexual assault cases often refer to the ‘bright futures’ the rapists have ahead of them, and how ‘long sentences’ could negatively impact the criminals’ lives. The court system in America is a dangerously corrupt place. So if you’ve been charged with a rather serious crime, It’s ok! As long as you’re white and wealthy that is. In recent times young, affluent, caucasian men have been given inappropriately short sentences for their inhuman crimes.

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.

Alternative Dispute Resolution (ADR) is an increasingly popular option that allows people to resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper and less stressful than going to court. [Most importantly, the use of ADR can provide greater satisfaction with the way disputes are resolved. ADR has been gradually evolving within the Fresno Superior Court for the past several years. In 1999 the Court recognized a need for greater public access to dispute resolution for cases and established an ADR Department. This

Common law became into effect after the Norman Conquest (A.D. 1066) consolidated their hold on newly won territory. One way was to take control over the legal/court systems. When this happen

Legislation and court procedures have demonstrated recently how ADR is important in resolving disputes. ‘The commercial Court released a practice statement in 1993, showing that it wished to encourage ADR, and followed this in 1996 with a further direction directing judges to consider whether a case is suitable for ADR at its outset, and to invite the parties to attempt a neutral non-court settlement of their disputes’. The pre-action protocols state that parties should take reasonable steps to apply the directions given in order to make a claim. Failure to apply these pre-action measures may result in not being paid the stipulated costs at the end of the case. ‘Rule 1.4(2)(e) of the CPR states that the court must encourage the parties

The English law were based on the common law or the case laws which were developed by judges during the course of various court decisions. Common law derived when judges in court applied legal precedent to the various cases before them to come out with judgements.

Most nations today follow one of two major legal traditions; Common law tradition or civil law tradition. The Common law is a body of law bases on custom and general principles embodied in case law which serve as precedent and is applied to situations not covered by statute. The common law traditions emerged in England during the middle ages and was applied within the British colonies across continents.

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

With increased regularity, businesses have chosen alternative dispute resolution (ADR) procedures of mediation and arbitration instead of the traditional litigation system for resolving legal disputes. Businesses have brought in qualified mediators in the dispute resolution process, to help them come up with preferable resolutions instead of spending excessive resources on pre-trial court litigation processes. In case businesses anticipate disputes that might not be resolved through mediation, they agree at the time of contract signing, to present future disputes to private arbitration.

The modern American judicial system was founded upon the morals and ideals brought forth in the Age of Reason and aided in providing legal protection to defendants on trial. As a nation with such strong religious ties, the Age of Reason brought forth new ideas and beliefs about government and lawmaking. Judiciary historical blunders such as the Salem Witch Trials paved the pathway for reform and aided in the formation of a new nation based on a set of written laws, customs, and regulations. The trials at Salem was founded upon the basis of the English Common Law system and the principles of the Age of Reason, and therefore affected our American Constitution and governmental practices.

Common law - that part of the English law not embodied in legislation. It consists of rules of law based on common custom and usage and on judicial court decisions. English common law became the basis of law in the USA and many other English-speaking countries.

     Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants;

In the English Law system, the effect of legislation remains statute in force until they are repealed. (R v Ducan, 1994). The application of legislation is ambiguous.

ADR is useful in resolving virtually all genres of disputes by providing speedier, enforceable decisions through Arbitration, Mediation, Early Neutral Evaluation and other hybrid mechanisms. The presence of cost-effective and predictable ADR mechanisms capable of resolving complex disputes help to bolster the confidence of litigants within the country and therefore stimulates trade and investment both internationally and locally.