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Choices In Civil Justice

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PRESENTATION OUTLINE

CHOICES IN CIVIL JUSTICE

MAIN IDEA

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There are many alternatives to going to trial including using a mediator, arbitrator, private judge, or referee. Small claims court and other institutions help cut the cost of civil trials.

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KEY TERMS

  • Mediation-A process by which people agree to use a third party to help them settle a conflict.

ARBITRATION

  • The use of a third person to make a legal decision that is binding on all parties.
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PRIVATE JUDGE

  • Two sides hire a person to hear and decide their case. Also known as "rent-a-judge."
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sMALL CLAIMS COURT

  • Civil court that people use when the amount of money they want to recover is small, usually not more than $3,000.
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REFEREE

  • A judge can appoint a referee to someone, usually they are a lawyer. If you except a referee, the use of a jury is unavailable, decision is up to the judge.
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Instead of going to court, you could try to resolve the conflict by finding an agreement, but if you go to civil court, these choices show that you can have many options instead of just one. All of them have a different use to help your case.

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Mediation is a way to bring people together so that they can settle their own disagreement.

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Arbitrator listens to both sides and makes a decision that each party is required by law to obey. Always costs less than a civil case.

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Private judges are a choice where people can hire a judge to listen to both sides and decide a case.

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Small claims court would mainly deal with property damage, auto accidents and personal injury.

A referee is a third person party appointed by a judge to listen to both sides of the case. The referee advises the judge, who makes the final decision.