Undertake A Critical Analysis Of Dispute Resolution In Satisfying The Objective Of Access To Justice.

940 words - 4 pages

In law, access to justice with respect to dispute resolution is a central issue. How people make use of services available to make decisions and resolve issues between them and the factors which impede or facilitate access, are all matters of concern.In dispute resolution there are various options which an individual may use in order to settle a dispute. They are as follows:1. 牋牋牋牋Courts (Civil & Criminal)2. 牋牋牋牋Alternative Dispute Resolution3. 牋牋牋牋TribunalsCourtsThe Court follows a particular structure, which can be complex. But basically the courts are made up of, the House of Lords which is the highest appellate court for appeals on important points of law, the Court of Appeal which has separate criminal and civil divisions, the High Court the highest first instance Civil Court, and also an appellate court, the Crown Court which deals with criminal jury trials and appeals from Magistrates Court, the County Court which is usually a first instance Court for civil cases and finally the Magistrates Court which deals with predominantly criminal but also some civil jurisdiction.In his report on access to justice, Lord Woolf identified a range of problems with the civil justice system.1. 牋牋牋牋Cases were turning out to be too expensive. In many cases the cost involved exceeded the actual amount claimed.2. 牋牋牋牋There were long delays. Cases were taking years to go to court. This placed financial and psychological burden on claimants.3. 牋牋牋牋Delays were caused by the adversarial process, which saw some parties causing problems, by being uncooperative through tactical manoeuvring.4. 牋牋牋牋The system was fragmented with no one body having overall control of the administration of justice.Recommendations that were made by Lord Woolf were then implemented by the Civil Procedure Act 1997 and New Civil Procedure Rules which came into effect on April 1st 1999. The main changes that took effect were in case management which was structured using a Track system.Small Claim Track: this is for claims up to 000 except for personal injury cases and housing cases where the limit is usually 000. It is quick, informal, and inexpensive.Fast Track: this is for straightforward disputes between 000 and ,000. Cases are heard within a 30 week timetable and the trial should last up to 3hrs with the maximum of one full day.Multi-Track: this is for cases over ,000 or for complex cases under this amount. District judges decide which track a case should follow and cases would be closely monitored to prevent lawyers stretching cases to increase their costs.Other changes included, encouraging the use of alternative dispute resolution, giving judges more responsibility for managing cases, more use of information technology, simplifying documents and procedures, having a single set of rules...

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