I believe that mediation
suits most civil cases, particularly where there is an element of human relationships in matters such as family, probate, or shareholder disputes.
The Court of Appeal in England this week amended a ruling that would have led to an increase in general damages in
most civil cases from 1st April 2013.
For starters, to maximize courtroom and staff utilization,
most civil cases involving a broad range of personal injury, collection, eviction, small claims and probate matters will be shifted from the closed courtrooms to the downtown central civil courthouse, or to a limited number of designated courthouses where various types of cases will be grouped.
Here's the main problem:
unlike most civil cases, in guardianship proceedings the judge plays a dual role: he or she serves both as neutral arbiter and as the person ultimately responsible for protecting the ward's best interests.
While the need to do so may be obvious to injury victims, this actually runs counter to the philosophy
in most civil cases.
The burden of proof applied to
most civil cases, including personal injury lawsuits, is much lower and is not as challenging to satisfy.
The reality is that
most civil cases are settled rather than taken all the way to trial, so settlement is actually the usual method of resolving disputes.