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'Pre-trial procedures are designed to speed up the resolution of civil disputes.' Comment on this statement - VCE - SSCE Legal Studies - Question 5 - 2009 - Paper 1
Question 5
'Pre-trial procedures are designed to speed up the resolution of civil disputes.' Comment on this statement. In your answer describe one civil pre-trial procedure.
Worked Solution & Example Answer:'Pre-trial procedures are designed to speed up the resolution of civil disputes.' Comment on this statement - VCE - SSCE Legal Studies - Question 5 - 2009 - Paper 1
Step 1
Comment on the statement
Answer
The statement regarding pre-trial procedures holds significant truth, as such procedures aim to streamline the resolution of civil disputes. These mechanisms are implemented to reduce the time and costs associated with civil litigation, promoting quicker judgments and alleviating the burden on the court system. The use of pre-trial processes like mediations, settlements, and disclosures allows parties to clarify issues, narrow disputes, and possibly reach an agreement before trial.
Step 2
Describe one civil pre-trial procedure
Answer
One notable civil pre-trial procedure is mediation. Mediation involves a neutral third party, the mediator, who assists the disputing parties in negotiating a mutually acceptable resolution. It is an informal process where the mediator encourages open communication, helping parties identify their needs and interests. This can lead to faster resolution, as it often avoids the lengthy court processes. Mediation not only saves time and money but also promotes collaborative problem-solving, which can preserve relationships between the parties.