In the last 20 years efforts have been made in most provinces to modernize and improve the law of civil procedure. A growing concern with the costs and delays of civil litigation and with the poor accessibility of the courts led to the creation and improvement of legal-aid schemes, , class-action procedures, and methods of alternative dispute resolution such as mediation in family law.
The , which is germane to civil procedure, governs the admissibility and weight of proof adduced in the course of a trial. The study of civil procedure also extends to problems such as the advisability, cost of and alternatives to litigation, whether litigants are eligible for , and the duties of the legal profession in the conduct of litigation.
Free negligence Essays and Papers - 123HelpMe
In a civil litigation, on the other hand, a case must wait until the court has time to hear it; this can mean many months, even years before the case is heard.Cost of the Process
The costs for the arbitration process are limited to the fee of the arbitrator(depending on the size of the claim, expertise of the arbitrator, and expenses), and attorney fees. Costs for litigation include attorney fees and court costs, which can be very high.Selection of Arbitrator/Judge
The parties in the arbitration process decide jointly on the arbitrator; in a litigation, the judge is appointed, and the parties have little or no say in the selection.