Posted: September 17th, 2017

Business Law

Instructions: –
1. Answer the  following question – maximum word length 1,400 words.
2. You must use legal authority to support your answer.

Question One

‘Whilst the courts cannot, as they  can in some other jurisdictions, notably the United States, compel

the parties to attempt an alternative method of dispute resolution prior to engaging in litigation, a

number of initiatives are already in place encouraging the use of mediation in particular, and judges

are specifically directed to encourage use of an alternative dispute resolution procedure “if the court

considers that appropriate and (to facilitate) the use of such procedure”.’Smith, Bailey & Gunn on the

Modern English Legal System,Bailey, Ching, Gunn &Ormerod, 2007.

With specific reference to the advantages or otherwise for business, critically analyze the

alternatives to civil court action.


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