It is intended that small claims should be subjected to a process that Essay

It is intended that small claims should be subjected to a process that is easy to use and cheap for litigants. To what extent do - Essay Example This is important, because the small claims court is clogged with cases, according to the Bello (2010). There were 84,000 cases that were heard in the small claims court system in 2008, which most commonly include consumer compensation cases for faulty services, faulty goods and personal injury; cases for wages owed; and debt recovery for corporate creditors (Bello, 2010). The purpose of the small claims court, according to Bello (2010) is that they are informal courts – litigants can represent themselves, because the focus is on a process that is easily understandable to everybody. Evolution of the Small Claims Courts The evolution of the small claims court procedures have evolved. In 1973, according to the Bello (2010), the upper limit for the small claims court was only ?75. Obviously, the amount has grown substantially by then, and is going to grow even more. More importantly, the process has been streamlined by the changes in the Civil Procedure Rules which stated that, i n 1998, that there would be one set of rules for the civil claims in the high court and the county court, and that there would be special provisions made for small claims. ... This TCE Act, according to the HM Court and Tribunals Service, instituted a way of handling reviews and appeals. There is an Upper Tribunal, which decides appeals from the First-tier Tribunal. Each of these tribunals are also split into Chambers, each of which have their own rules and procedures. What this has done, according to the HM Courts and Tribunals Service, is provided a single mechanism by which a litigant may appeal the tribunal's decision. The Upper Tribunal's decision is not final, however, as it may also be appealed to the Court of Appeal (HM Court and Tribunal's Service). Mediation Probably the most important method that is being used to streamline the process of small claims, is the process of mediation. This has made the process cheaper and easier to use, at least in theory. Tagg (2010) explains that mediation in the English and Welsh courts began around 20 years ago with commercial disputes, and around 10 years ago for small claims issues. The rules of mediation are governed by Civil Justice Reforms implemented in 1999, and codified in the Civil Procedure Rules. In the small claims court system, according to Tagg (2010), there were reforms put into place in 2005/2006, in which the Alternative Dispute Resolution (ADR) was made free to users. This is because the low amount of the claims would make paying for mediation not cost-effective. The small claims mediation service, which was implemented in the Manchester County Court after the reforms, was the most effective, and resulted in the greatest satisfaction and settlements. So, this was rolled out across England and Wales, and has since become well-established. This is a voluntary service (Tagg, 2010). The mediation process has some aspects in common, according to Reid (2007). Reid