Access to Justice and ADR Process (Essay Sample)

Contents TOC \o "1-3" \h \z \u 1.0Introduction PAGEREF _Toc133085664 \h 22.0 Access to Justice PAGEREF _Toc133085665 \h 32.1 The Possible Reforms to Improve Access to Justice PAGEREF _Toc133085666 \h 53.0 Alternative Dispute Resolution (ADR) PAGEREF _Toc133085667 \h 63.1 Possible Reforms to Improve the ADR Process PAGEREF _Toc133085668 \h 94.0 Conclusion PAGEREF _Toc133085669 \h 9 ACCESS TO JUSTICE AND ADR PROCESS: NEED FOR REFORMS 1 Introduction The changes that transpire across sociocultural and political contexts imply the need to introduce reforms to adapt to the transformations. The English legal system is rooted in the Middle Ages, a period when the Norman Conquest led to the replacement of the Anglo-Saxon system. Since then, the society has undergone notable changes that, as a result, prompted significant transformations in the administrative laws that protect interests and rights within the United Kingdom. The changes over the years have primarily targeted improvements in efficiency, accessibility, and fairness in applying legal statutes and precedents. When deliberating on the transformations, assessing the most impacted areas, including factors that necessitated the changes, is imperative. The two areas that provide evidence of the reforms include the modifications adopted regarding access to justice and alternative dispute resolution mechanisms. The latter has been subject to several changes in jurisprudence, introducing new approaches to enhance access to the justice system. On the other hand, the changes adopted in alternative dispute resolution have been necessitated mostly by challenges related to justified rulings.[Baker John Hamilton. ‘An introduction to English legal history. (4th ed. Oxford University Press, 2019).] Based on legal reports published in the past 15 years, several deficiencies warrant reforms in the justice system. In these publications, one of the key concerns noted is access to justices, a fundamental principle in the English legal system. Because of the high costs of legal representation, many people are subjected to unjustified rulings. Furthermore, these reports reveal that more people have found it more difficult to access justice over the years. The reports also raise concerns about delays and inefficiencies in the justice system. Such problems frustrate those involved in the legal process, resulting in higher costs for litigants. 2.0 Access to Justice Deliberations of access to justice imply individuals' ability to seek and obtain fair resolutions to their legal grievances. Considering that this principle comprises a fundamental principle in law, better access to the law is essential in ensuring that everyone is treated equally. Based on the subject area reports, several barriers are cited as undermining people's ability to access justice. One of the key reasons is the cost of legal proceedings, which are incurred in such areas as filing and court fees. While the fee depends on the type of case and court in which the case is to be heard, the amounts charged are relatively higher compared to ten years back. Today, for a case in the County Court, the instigator can be charged about €60 for a debt of €10,000. The fees for a debt between €10,000 and €200,000 are charged 5% of the claim's value. In the High Court, the fee is significantly higher, considering that for claims made in the court, the fee is €528 for claims valued at €10,0000 or less. If the claim were to be subjected to a tribunal, the fee would depend on the type of claim. For a Tue A claim, including unpaid wages or redundancy, the charges can include €160; for type B, the charges are €250. Reports encompassing the change in fees reveal that the costs have increased by more than 30%, limiting other people from accessing legal services.[‘Court fees in civil proceedings.’] [‘Court fees in civil proceedings.’] Besides concerns related to costs, the issue of access to justice is attributed to the complexity of the legal system. Several reports underpin that most people, especially those undergoing the legal system for the first time, find the process highly complicated. This complexity is mainly attributed to the methods, procedures, and institutions. The technicalities associated with the justice system is associated with the high level of apathy in people seeking redress for their grievances. The need to address different types of liabilities has contributed to establishing various institutions, an approach that added to the complexities associated with the process.[Păunescu Floriana Anca and Ileana Mihaela Chiriţescu. ‘The Dynamics of Legal English Lexicon." (2022) Revista de Stiinte Politice 73.] Furthermore, the complexity is attributed to the dual legal system, as one is related to England and Wales, while the other is to Scotland. Besides, these systems are subject to unique laws, courts, and legal proceedings that create confusion for individuals who do not comprehend the differences. Moreover, the English legal system is based on the Common Law framework, which implies that precedents are employed in making decisions rather than trying new cases based on the written statutes. Different cases indicate dynamic variations in the jurisprudence application, which can lead to vagueness and inability to derive solid judgments. The complexities that undermine access to justice in the U.K. legal system are also related to the court hierarchy, comprising different courts with different powers and jurisdictions. When seeking redress in the system, it is prudent that one understands the court that aligns with their case. For many people, the unfamiliarity with these systems leads them to opt out of the judicial system.[Golder v. The United Kingdom., 70 Judgement of 21.] The statutory interpretation is another key area that has been flagged as having undermining effects on the justice process in the United Kingdom. The approaches that court use in interpreting cases and applying principles in similar cases is subject to specific mechanisms. These attributes are unfamiliar to the layman, requiring some expertise to understand. Furthermore, while individuals seeking justice through the system are encouraged to understand what the law stipulates, the wording used in defining the legal aspects limit comprehension. The mentioned attributes have a limiting effect on the dispensation of the justice process, which as a result, prompts the need for better laws and procedures that could improve access to the justice system. 2.1 The Possible Reforms to Improve Access to Justice Because of the significance of ensuring that people have access to justice, the U.K. judicial institution must consider some key areas through which they can achieve the objective. One of the possible solutions to achieve this goal is to increase funding for legal aid. In the case of R (Public Law Project) v Lord Chancellor [2015], one key issue the sitting judge highlighted was the need to provide legal aid. The case challenged the lawfulness of cuts to legal assistance in such areas as housing and immigration. The claimant raised issues on legal aid, noting that cutting it would disproportionately impact the vulnerable population and undermine the rule of law.[Public Law Project v Lord Chancellor [2015] EWCA Civ 1193, [2015] MHLO 136] Furthermore, it is essential to simplify the court processes to improve people's access to legal services. Making the processes more understandable to the layperson would ensure they have a more comprehensive understanding of the process and the ability to participate. The reforms should also focus on expanding the platforms in which individuals seek justice. For instance, incorporating the online platform for the resolution process would help more people access the services conveniently and avert the bureaucracy associated with some processes. It is also essential to reform the court-related charges as this comprises one of the most significant barriers undermining access to justice. The reform in this area can be addressed based on the demographics of the U.K. context, considering how it will impact the delivery of justice. 3.0 Alternative Dispute Resolution (ADR) Alternative dispute resolution, a vital institution of the English legal system, is also subject to reforms because of the challenges related to its functions. It comprises approaches to resolving disputes outside the traditional trial settings. The method has played pivotal roles in resolving commercial, employment, and family-related challenges. To understand the reforms required in this institution, one must delve into the methods and approaches that the ADR incorporates in addressing grievances. First, the institution employs mediation, which involves a neutral third party in facilitating negotiations between parties to reach mutually agreeable solutions. In such cases, instead of making decisions, the mediator helps the aggrieved parties reach a common understanding. Another approach associated with alternative dispute resolution is arbitration. This approach comprises the input of a neutral party engaged in making decisions on a prevailing dispute after listening to both sides of the argument. When the body makes the final decision, it is considered binding to the parties involved.[Pauwelyn Joost. ‘WTO dispute settlement post 2019: what to expect?’ (2019). Journal of International Economic Law 22] The alternative dispute resolution institution can also participate in finding solutions through negotiation. This approach implies communicating with the parties in the dispute to aid them in reaching mutually agreeable solutions. Unlike the other conflict resolution models, this method can be achieved without the assistance of a third party. Lastly, the alternative conflict resolution institution could opt for conciliatory approaches to address disputes. A similar method to mediation, the concili...