100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached 4.2 TrustPilot
logo-home
Essay

Unit 1 BTEC Applied Law M2 (ADR and Courts)

Rating
2.7
(3)
Sold
5
Pages
5
Uploaded on
24-06-2015
Written in
2013/2014

Essay of 5 pages for the course Unit 1 at East Surrey College

Institution
Course








Whoops! We can’t load your doc right now. Try again or contact support.

Written for

Institution
Study
Course

Document information

Uploaded on
June 24, 2015
Number of pages
5
Written in
2013/2014
Type
Essay
Professor(s)
Unknown
Grade
Unknown

Subjects

Content preview

Law – M2 – Comparing Courts & ADR

Methods of ADR are usually a lot less expensive than going to court. For ADR it is
unlikely that the parties will use a lawyer, which keeps the costs down even
more. The most expensive method of ADR is arbitration, where lawyers are
sometimes used. Even so, this is still cheaper than going to court. All methods of
ADR are much faster than taking a case to court, which will save in lawyer fees
should you need to use one. Another advantage of most forms of ADR is that the
parties are in control of the proceedings and outcome. In negotiation, mediation
and conciliation sessions the parties can choose to stop at any time. An
agreement will only be reached if both parties accept it. The fact that the parties
come to an agreement has another advantage; it means they will be able to
continue doing business with each other. Court proceedings are more adversarial
and will end with one party winning and the other losing. This is more than likely
to make the parties very bitter towards each other and hinder any chances of
doing further business.

Advantages & Disadvantages of using the Courts

Advantages of using the courts are:

The process is fair – Everyone is treated alike and the judge is impartial

The trial is conducted by a legal expert – The decision is made by a judge who is
an expert in law and is an experience and qualified lawyer

There is an appeal process – There are set appeal routes for decisions made in
the courts, so if the claimant is not happy with the decision they can appeal
against it in a higher court. This is also true of tribunals however and there may
be an appeal on a point of law from a decision in arbitration, but for other
methods of ADR there are no appeals.

It may be possible to get legal aid – Legal aid for civil cases has been
significantly reduced but there are still some types of cases where it is available.
Legal aid is not usually available in tribunal or other methods of ADR.

Disadvantages of using the courts are:

Expensive – The costs of taking a case to court are more often than not more
than the amount claimed. In high court the costs can be hundreds of thousands
of pounds. For the smaller claims the costs are often more than the amount
claimed.

Slow – There are many preliminary stages to go through. Even after the case is
set down for the hearing at court there is still a long wait – usually about a year
for larger claims before the case is heard in court. The total of all this can mean
that some cases are not settled for years. Small claims are dealt with quicker
with fewer formalities to be completed before the case is heard. The wait for a
hearing on average is about 30 weeks.

Complicated – There may be compulsory steps to be taken before a case is
started in court. For some types of case, the parties must use the pre-action
$7.54
Get access to the full document:
Purchased by 5 students

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

Reviews from verified buyers

Showing all 3 reviews
6 year ago

7 year ago

9 year ago

2.7

3 reviews

5
0
4
1
3
1
2
0
1
1
Trustworthy reviews on Stuvia

All reviews are made by real Stuvia users after verified purchases.

Get to know the seller

Seller avatar
Reputation scores are based on the amount of documents a seller has sold for a fee and the reviews they have received for those documents. There are three levels: Bronze, Silver and Gold. The better the reputation, the more your can rely on the quality of the sellers work.
dappermouse The University of Salford
Follow You need to be logged in order to follow users or courses
Sold
209
Member since
10 year
Number of followers
117
Documents
23
Last sold
8 months ago

English & Creative Writing undergrad at Uni of Salford Used to do A level Law, English, Creative Writing & Sociology Essays on here are mostly Law essays - earned a Distinction* (A*) for my Law course ✌

3.6

74 reviews

5
24
4
24
3
11
2
3
1
12

Recently viewed by you

Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their tests and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Frequently asked questions