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Civil courts ⭐️
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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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