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ASSIGNMENT QUESTIONS
QUESTION 1
(a) Briefly explain why it can be said that court-annexed mediation
contributes to the reform of the adversarial system of civil p...
CIV3701
CIVIL PROCEDURE
ASSIGNMENT 1
MEMO
SEMESTER 1
2022
REFERENCES TO ANSWERS INCLUDED
9 PAGES
, ASSIGNMENT
QUESTIONS
QUESTION 1
(a) Briefly explain why it can be said that court-annexed mediation contributes
to the reform of the adversarial system of civil procedure in Anglo- American
legal systems. (5)
Court annexed mediation was introduced into the legal system to enhance access to
justice in civil claims. It is said to contribute to the reform of the adversarial system of
the civil procedure in the Anglo-American system in that:
• It helps litigants to determine at an early stage of litigation whether formal litigation is
in their best interests; this assist in that dispute can be submitted to mediation prior to
and/or after commencement of litigation.
• It facilitates expeditious and cost-effective resolution; this is because the delay of
formal litigation is avoided and as a result curb costs of litigation.
• It helps to phase out bad claims. See TL 501/3/2018 unit 4.2 and Pete et al 504.
(b) Write a short note on the meaning of jurisdiction. (5) [10]
“Jurisdiction” refers to a court’s authority to hear a matter and the power to enforce its
judgment. In this instance none of the common law jurisdictional grounds provide a
basis for the court to exercise jurisdiction over the defendant or the matter. CONTINUE
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