Civil Law Advantages And Disadvantages

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“I can try a lawsuit as well as other men, but surely the great thing is to bring about that there be no going to law.” Since the mid-1980s England has seen rapid growth in the cost of legal-aid, particularly in criminal legal aid. This has become a central problem for the English government as the underlying purpose of the provision of civil legal aid has been to promote fairness and equality in that not only the rich and powerful can have access to the law. While ADR has made its contributions in simplifying the complexities in the civil justice system, the question remains whether ADR has sought to solve the issues that were presented in the civil justice system or was it just a means, in the government’s point of view , to potential cost savings in general and in relation to civil aid. Thus, this essay will focus on the advantages and disadvantages of ADR and, ultimately, its contributions in the civil justice system despite its many criticisms. When parties are in a civil dispute, they usually choose to resolve the dispute through a court hearing. In the civil justice system (‘CJS’), civil cases may begin in one of three courts; Magistrates’ Courts, County Courts and the High Court although most…show more content…
One of the main disadvantages is the lack of public funding/legal aid so one party may have an advantage from the outset. Also, parties without legal representation are disadvantages against parties who are legally represented because even though ADR discourages the use of one, it does not forbid. Further, ADR lacks precedent unlike the civil court system and in the case of arbitration, an unexpected legal point may arise in the case which is not suitable for decision by a non-lawyer arbitrator. Besides that, arbitration can be costly if a professional arbitrator and legal representation are used especially if parties opt for a formal hearing with witnesses giving evidence and lawyers representing both

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