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LPC Law Notes Civil Litigation Notes

Adr And Arbitration Notes

Updated Adr And Arbitration Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...

The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ADR and Arbitration 1) Advantages and disadvantages Mediation v Litigation Advantages of mediation over litigation 1) Cost if settlement is actually reached 2) Speed if settlement is actually reached 3) More flexibility / informality which gives party a sense of ownership 4) Non-adversarial and therefore conducive to good business relationships 5) More likely to produce a commercial solution as not focusing on the law 6) Outcome cannot normally be appealed as both parties agreed the outcome 7) Privacy as mediation is held in private and both parties normally agree confidentiality 8) Mediator is normally an expert in the field 9) Even if unsuccessful, you will have reality tested your dispute 10 Court actively encourages ADR and if you do no reasonably attempt to mediate there may be adverse cost consequences Disadvantages of mediation over litigation 1) Cost if no settlement is agreed 2) Speed if no settlement is agreed 3) Only facilitates agreement, it does not guarantee one whereas litigation does 4) The process is not binding so either party can walk away at any time 5) It is hard to predict the outcome of mediation 6) The resolution is unlikely to be legally correct but instead a 'happy medium' 7) Mediation has no precedent value 8) If no proceedings have been commenced, the part can only enforce a mediation agreement as a contract Arbitration v Litigation Advantages of arbitration over litigation 1) You can choose your arbitrator whereas in litigation you can't choose a judge 2) You may not have to wait so long for a hearing in an arbitration 3) You can choose where (which country) the arbitration takes place 4) Arbitration hearings are in private and therefore confidential 5) Parties can have input into the procedures to be adopted in arbitration 6) An arbitration award is often easier to enforce internationally due to the New York convention Disadvantages of arbitration over litigation 1) You have to pay for the arbitrator and the premises for the hearings 2) You cannot join third parties in the dispute if they are not parties to the arbitration agreement 3) An arbitration tribunal might have more limited powers than a court 4) If the court has to get involved, it means more costs 5) Arbitration has limited / no precedent value 6) It is often harder for arbitration proceedings to be decided summarily (by summary judgement)

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