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Relations Between the Court and the Parties in the Managerial Age

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Chapter Summary

In England specialist advocates are used for most court hearings, notably trial and appellate hearings. Adjudication at trial is nearly always by a single judge, without a jury. The civil jury's virtual disappearance has transformed the rules of evidence. Barristers and solicitors owe duties not just to the client but to the court and to the interests of justice. Their overriding duty is to the wider interests of justice. The modern system of remuneration of lawyers tolerates parties' legal representatives having a financial interest in case's outcome. Judicial and arbitral decision-makers are required to render judgment or award, following representations from the parties. Courts now adjudicate, hear appeals, make decisions regarding costs, make decisions concerning enforcement, and in much litigation they are expected to manage the progress of the case. Before 1990s, mediation was regarded in England in ordinary civil disputes as an exotic and even an eccentric practice.

Keywords: adjudication; arbitral decision-makers; judicial decision-makers; mediation

10.1163/9789004257818_018
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