CIV3701 ASSIGNMENT 1 SEMESTER 1 SOLUTIONS 2022

(a) Briefly explain why it can be said that court-annexed mediation contributes to the reform of the adversarial system of civil procedure in Anglo- American legal systems.(5) Court annexed mediation was introduced into the legal system to enhance access to justice in civil claims. It is said to contribute to the reform of the adversarial system of the civil procedure in the Anglo-American system in that:  It helps litigants to determine at an early stage of litigation whether formal litigation is in their best interests; this assist in that dispute can be submitted to mediation prior to and/or after commencement of litigation.  It facilitates expeditious and cost-effective resolution; this is because the delay of formal litigation is avoided and as a result curb costs of litigation. It helps to phase out bad claims. See TL 501/3/2018 unit 4.2 and Pete et al 504. (b) Write a short note on the meaning of jurisdiction. (5) [10] “Jurisdiction” refers to a court’s authority to hear a matter and the power to enforce its judgment. In this instance none of the common law jurisdictional grounds provide a basis for the court to exercise jurisdiction over the defendant or the matter. QU