Question One:
‘Whilst the courts cannot, as they can in some other jurisdictions, notably the United States, compel the parties to attempt an alternative method of dispute resolution prior to engaging in litigation, a number of initiatives are already in place encouraging the use of mediation in particular, and judges are specifically directed to encourage use of an alternative dispute resolution procedure “if the court considers that appropriate and (to facilitate) the use of such procedure”.’Smith, Bailey & Gunn on the Modern English Legal System,Bailey, Ching, Gunn &Ormerod, 2007.
With specific reference to the advantages or otherwise for business, critically analyze the alternatives to civil court action.