Posted: September 17th, 2017
1. Answer the following question – maximum word length 1,400 words.
2. You must use legal authority to support your answer.
‘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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