-
Essay / Civil Pre-Trial Process: The Civil Pre-Trial Process
Problems with the Civil Justice System• Cases are delayed as nearly 1.4 million civil disputes are filed in county court each year, this which resulted in a backlog for the court. cases.• Legal procedures are long, tedious and formal. Every civil dispute must go through case management which generally takes 3 months for both sides to exchange packages. The hearing date may depend on the court's schedule and strict rules of evidence must be followed. • Technical matters Some technical matters such as a medical issue may not be understood by judges, so hiring an expert to give advice would increase the cost of litigation. On the other hand, the ADR can employ an expert in a particular field to replace the judge. • The cost of litigation is very high because it often exceeds the value of the claim. • The adversarial nature of the courtroom would break the relationship between the two parties and it is public, which disadvantages companies who do not wish to reveal their financial situation.6. Woolf Reform in 1999• The judge actively participates in the case