Welcome to the World of Dispute Resolution!

Hi there! This chapter is incredibly important because it moves beyond just knowing the rules (the law itself) and focuses on the action – how conflicts are actually settled. It's about understanding the cast of characters in the English Legal System (ELS) who make decisions, argue cases, and ensure justice.
Don't worry if this seems tricky at first; we will break down the roles step-by-step. By the end, you'll know exactly who does what, whether a dispute goes to court or is settled privately.

1. The Judiciary: The Decision Makers and Referees

The Judiciary refers to the judges and magistrates who preside over courts. Their primary role is to interpret and apply the law, ensure fair procedure, and deliver judgments or sentences. Think of them as the ultimate referees in the legal game.

Roles of the Professional Judiciary (Judges)

Judges operate at different levels of the court hierarchy, and their titles usually reflect their jurisdiction (where they work).

  • Supreme Court Justices and Court of Appeal Judges: These are the most senior judges. They deal almost exclusively with appeals, setting precedents (binding legal rules) and interpreting complex legal points.
  • High Court Judges: They primarily handle the most serious and complex civil cases, as well as hearing appeals from lower courts. They often specialise in divisions (e.g., Family, Chancery, Queen's Bench).
  • Circuit Judges: These judges handle cases in the County Courts (civil) and the Crown Court (criminal). They manage trials, hear evidence, and deliver sentences (in criminal cases) or judgments (in civil cases).
  • District Judges: They sit in the lowest levels of the courts (County Court and Magistrates’ Court). They manage small civil claims and minor criminal matters, often handling case management issues.

Analogy Alert! Imagine the legal system is a football match. The Judges are the referees. They don't play for either team, but they ensure everyone follows the rules (procedure and law), make final decisions, and determine the score (the verdict or sentence).

Key Takeaway: The Judge’s primary duty is to ensure the law is applied correctly and impartially, regardless of their personal feelings.

2. The Legal Professionals: Advocates and Advisers

These are the people representing the parties involved in the dispute. They are trained experts who navigate the complex legal waters on behalf of their clients.

Solicitors: The Behind-the-Scenes Experts

Solicitors are usually the first point of contact for clients. Their role is broad and includes:

  • Client Management: Interviewing the client, gathering facts, and providing initial legal advice.
  • Case Preparation: Drafting documents, negotiating settlements, and preparing evidence bundles.
  • Rights of Audience: Most solicitors have rights of audience (permission to speak) in the lower courts (County Courts and Magistrates' Courts). Some experienced solicitors gain extended rights to appear in higher courts as well.

Barristers: The Courtroom Specialists (Advocates)

Barristers traditionally specialise in advocacy – arguing cases in court.

  • Specialist Advocacy: They have automatic rights of audience in all higher courts (Crown Court, High Court, Court of Appeal, Supreme Court).
  • Expert Opinions: Providing specialist written legal opinions (known as 'opinions' or 'counsel's advice') to solicitors or directly to the client (under the 'Direct Access' scheme).

Memory Aid (S vs. B):
Solicitors are often Sitting in the office and Sorting the paperwork.
Barristers are usually found Broadcasting arguments in court, wearing their Broad wig and gown.

Common Mistake to Avoid:

Students often assume solicitors never go to court, or barristers never see clients. While barristers specialise in advocacy, many solicitors appear regularly in lower courts, and barristers now see clients directly thanks to Direct Access rules. Their roles overlap more than ever, but their traditional specialties remain distinct.

3. The Lay Element: Community Involvement in Justice

The English Legal System strongly values the principle that justice should not be left solely to legal professionals. Lay people (ordinary members of the public without formal legal training) play crucial roles in resolving disputes, particularly criminal ones.

Magistrates (Justices of the Peace – JPs)

Magistrates are unpaid, trained volunteers who deal with the vast majority (about 95%) of criminal cases in England and Wales.

  • Who are they? They are ordinary citizens appointed by the Lord Chancellor, sitting in benches of three (or sometimes two).
  • What do they do? They hear trials for summary offences (less serious crimes), decide guilt, and impose sentences (up to 6 months imprisonment). They also handle administrative tasks, initial hearings for serious crimes, and youth court cases.
  • Support: Magistrates are guided on matters of law and procedure by a legally qualified Justices' Clerk, who does not, however, participate in the factual decision-making.

Juries

Juries are groups of 12 randomly selected citizens who hear evidence and decide on the facts of the case.

  • Criminal Role: In the Crown Court (for serious indictable offences), the jury decides the crucial question: Is the defendant guilty or not guilty?
  • Civil Role: Juries are very rare in civil cases now, but sometimes they are used in high-profile cases like defamation (libel/slander).
  • The Separation of Powers (within the court): The jury decides the facts; the judge decides the law and the subsequent sentence/remedy.

Did You Know? A jury must usually reach a unanimous verdict (12-0) or a majority verdict (11-1 or 10-2) in criminal cases. If they cannot agree, they are considered a 'hung jury' and a new trial may be ordered.

Quick Review Box: The Role Divide

Magistrates: Decide both facts and law (guided by the Clerk) in minor criminal cases.
Juries: Decide only the facts (guilt/innocence) in serious criminal cases.

4. Alternative Dispute Resolution (ADR) Personnel

Not all disputes go to court. Many are resolved through mechanisms known as Alternative Dispute Resolution (ADR). These methods involve specialist individuals helping parties reach a resolution outside the formal court process.

Mediators

Mediation is a voluntary process where a neutral third party (the Mediator) helps the disputing parties communicate, understand each other's positions, and reach a mutually acceptable agreement.

  • Role: They facilitate negotiation. They do not offer legal advice or impose a decision.
  • Outcome: The resulting agreement is only binding if the parties sign a formal settlement contract.
  • Analogy: A Mediator is like a diplomatic bridge-builder, ensuring communication lines stay open during a heated argument.

Arbitrators

Arbitration is a more formal ADR process, often used in commercial disputes. The parties agree in advance to submit their dispute to a neutral third party (the Arbitrator or a panel of arbitrators).

  • Role: The Arbitrator acts like a private judge. They hear evidence from both sides.
  • Outcome: The Arbitrator delivers a legally binding decision, known as an Award. This award is enforceable by the courts, similar to a court judgment.
  • Difference from Mediation: Arbitration results in a imposed, binding decision; mediation results in a voluntary agreement.

Other Supporting Roles

While not decision-makers, several other people are crucial to the resolution process:

  • Court Staff: Manage the administration, record keeping, scheduling, and logistics of trials.
  • Witnesses and Expert Witnesses: Provide evidence of fact (witnesses) or specialist opinion (experts) to assist the judge or jury in reaching a verdict.
Summary of Resolution Personnel

Whether a dispute is resolved in court or through ADR, it depends on specific people: Judges interpret and rule; Barristers/Solicitors advocate and advise; Magistrates/Juries find facts and apply the law in criminal trials; and Mediators/Arbitrators facilitate private settlements. Understanding their distinct functions is key to grasping how the ELS operates.