ENGLISH LEGAL SYSTEM

English Legal System

English Legal System

Unit 2 Draft

Obligation to go to arbitration

According to the act, Mr. Archer cannot simply sure Mr. Bookside without attending arbitration. He has to participate until and unless he gets the court to agree that his case does not belong in arbitration. Proper procedural steps are required to be taken by Mr. archer if he does not want to attend the arbitration. Mr. Archer is required to file a motion with the court. In the motion, he should mention that he wants his case to be removed or exempted from arbitration. He should mention the reason which is forcing him to exempt his case. He should submit the motion 10 days before the hearing of arbitration (Anonymous, 1996, p.n.d.).

Overturning arbitrator's decision

Arbitrators decision is considered to be the final one. Both the parties cannot question his decision even if it proves to be unsatisfactory to them. One cannot appeal against an unjust decision even if the reasoning of the arbitrator is clearly and demonstrably faulty.

Other Forms of Alternative Dispute Resolution

There are several forms of Alternative Dispute Resolution (ADR) methods that can help Mr. Archer in resolving the dispute without going to the court. There are three main forms of ADR that deal with such types of disputes. They are arbitration, mediation, and conciliation. Arbitration has been discussed in the preceding part of this report.

Mediation

In the mediation scheme, the mediator will help Mr. Archer and Mr. Bookside to negotiate an agreement that is mututally acceptable (Citizens Advice Bureau, 2013, p. 2). If Mr. Bookside agrees to mediation agreement then both the parties will be required to give details of the dispute. The mediator encourages both the parties to consider their commercial interests instead of their legal rights. Both the parties are not bound to accept the decision of mediator.

Conciliation

Conciliation is the first step of the arbitration process. Both the parties are asked to write their complaints. The conciliator gives his opinion on the basis of those written disputes. Conciliation also does not bind the parties upon agreeing to the decision.

Sources of Free or Cheap Legal Advice

Sources of free or cheap legal advice available to Mr. Archer include legal aid, Advicenow and free advice organizations.

Legal Aid

If a person has limited savings or low income then he is eligible to get all or part of his legal costs paid via legal aid by the government (The bar Council, n.d., p. 3).

Advicenow

Advicenow is a website that offers easy-to-follow and helpful guides to one's rights and laws. It covers a wide range of topics, including consumer rights.

Free legal representation and advice

There are several organizations that offer free legal advice over the phone as well as face-to-face. They offer help in preparation of documents one needs to take to court.

The most appropriate source of free or cheap legal advice for Mr. Archer seems to be the organizations that offer free legal advice. Mr. Archer can meet the professionals face to face and explain to them the issues he has with ...