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Cons And Disadvantages And Disadvantages Of Court Practices

1540 Words7 Pages

ADVANTAGES AND DISADVANTAGES OF
ALTERNATIVE DISPUTE RESOLUTION

1.0 Introduction

The courts are the focal point of our legal system as they provide a formal setting for the final settlement of many of the disputes that occur in our society (Keenan and Riches, 2007: 51). The disputes/conflicts may be between individuals or, where a breach of the criminal law has been alleged, between the state and one of its citizens. As the matter is brought before the court by the disputing parties, it is the function of the court to establish the facts of the case through litigation, identify the legal rules to be applied and to formulate a solution – ruling/settlement; Keenan and Riches (2007: 51) further writes. Once a ruling is made on a case by the courts, especially the upper courts, the ruling not only has an immediate impact on the parties concerned, but it also affects similar cases which may arise in the future as a result of the application of the doctrine of judicial precedent. Courts provide a formal method of settling disputes by means of legal action or procedure known as litigation. Many at times the courts are overwhelmed with cases such that there is a huge backlog of cases and sometime litigation may not be ideal for businesses which have a going concern. This, and many other drawbacks of pursuing a court action necessitate most people to seek way of settling disputes outside the court system (Keenan and Riches, 2007: 51). These alternatives to the formal court system or

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