strengths+weaknesses civil law

mediation + conciliation strengths

independent, supportive environment, private

mediation + conciliation weaknesses

manipulation, refuse to participate, no open justice,

arbitration strengths

binding, rules of evidence, private, impartial expert

arbitration weaknesses

no control, costly and time, must agree, more formal adding to time/stress/costs

court hierarchy strengths

adopt processes and use resources to ensure efficiency, right to appeal if original error made

court hierarchy weaknesses

confusing for self rep due to overlapping jurisdictions, no automatic right to appeal, processess difficult to understand without a lawyer

judge strengths

significant case management powers, impartial umpire who does not interfere, can assist self rep

judge weaknesses

cannot excessively interfere, risk of actual/apprehended bias, lack of diversity may increase risk of unjust outcome

jury strengths

random + decision based on facts, collective decision reduces possibility of bias, represents a cross section of the community

jury weaknesses

unconscious biases + no reason for decision, large number cannot participate due to ineg/exc/disq, explanations result in delays

parties strengths

ongoing disclosure obligations, opportunity to present case, complete control over how they run the case

parties weaknesses

difference in familiarity with disclosure obligations, party control means more time to prepare case increasing cost/stress/time, complex processes difficult to understand without a lawyer

legal practitioners strengths

experts who can navigate CJS, avoid delays that arise with self rep, objectivity to make decisions

legal practitioners weaknesses

not equal in terms of experience or skills, difficult to afford, even if self rep can afford a lawyer it may be a great expense if ACO issued

class action strengths

group members do not have to pay costs, more convenient for those who do not want the burden/inconvenience of actively participating in a full civil trial, people can pursue claims they otherwise may not be inclined to

class action weaknesses

imposes a large cost burden on the LP if no LF, some group members may not even know they are involved, plaintiff law firms and LF take large percentage of damages - doesn’t accurately reflect the losses of group members