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Appropriateness
jurisdiction
other or better ways to resolve the dispute
jurisdiction
Both County and Supreme have unlimited jurisdiction. Magistrates jurisdictional limit is $100,000. If a plaintiff is seeking more, they must issue a claim with a higher court, or lower the amount.
Other/better ways to resolve a dispute
whether mediation could be used
cost
preparedness to accept uncertainties of a third party making decisions
affording legal representation
comfort with formalities
whether it is a class action
Strengths
pretrial procedures allow the parties to reach an out of court settlement
discovery can help narrow issues in dispute
use of processes to ensure procedural fairness
binding decision
Weaknesses
Delays are frequent, and pretrial procedures take a long time
costs
complex without legal representation
courtrooms can be formal and stressful for some