Cards (5)

    • Cost + time
      Civil procedure rules introduce the protocols (using ADR before court) + the track system which improves the time and cost of court
    • Fairness
      -Both parties heard by an impartial judge (isn’t usually an imbalance)
      -parties can have a right to appeal
      -civil courts are procedurally just
    • judge
      -both parties will be treated equally by an impartial judge
    • Binding + enforceable
      -decisions in court are binding in the law
      -if a party doesn’t comply, the courts decision can be enforced by starting enforcement proceedings (not the case for most forms of ADR)
      -binding nature of court proceedings encourages the parties to negotiate seriously and settle the case where possible
    • The right to appeal 
      -an advantage compared to negotiation, mediation and conciliation-> where you can’t appeal (but you can appeal with arbitration
      -BUT! If the party is unsuccessful they are bound to comply with the courts decision
      -also a wide range of remedies and a decision will definitely be made 
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