Advantages of civil discovery
Under the new system, a compliant is given the chance to offer such information or supporting documents from any sources. With the allowed mechanism, someone can be able to prove his case beyond doubtful doubts as is required by law. On the other hand, there is emphasis on offering justice as it is and the court when making decisions has all materials required for the case. Civil litigation system a chance to seek solutions to their disputes in court without necessary following the traditional court system. With such an allowance, they are able to get solution faster than the case would have been in normal courts. Although the litigation process takes place in normal courts, it has to to enforce discipline and satisfaction of the parties. In the event the parties agree before the process is over, they are at free to stop the process at no cost on their side. Another advantage with the court system is on setting precedence, when a case has been determined; it improves the court rules and legislations. The richer the country is in its rules and legislations, the better the judicial system administered in the economy.
Disadvantages of civil discovery
Although the method is simple, straight forward, and easy to administer, the government has not taken the initiative to have other court rooms to increase the capacity of the existing ones. With this, the court system has become congested and delayed, justice has started to trickle in the system. The precedents set by the system have been challenged, not to be binding as ruling is made on case basis; with the challenge of precedent, it becomes difficult for the court system to depend on the system for improvement and development of court laws. Although the cases handled by civil litigation are civil in nature, they , employment laws, and domestic matters; the line between civil and criminal laws is thin to define. The volume of matters that can fall under civil litigation are increasing, coupled with lack of clear definition, the court system becomes challenging to administer.
Parties in dispute may have different definition of civil and criminal cases thus creating confusion and conflicts when determining the court systems to adopt. The difference and ambiguity in and erode confidence in the system.
The duration and time taken to gather information to support a case is much to the point that it can be distorted or the time taken before delivery of justice lengthen. Although the main consideration of the legislation is to ensure what prevails in the community, it leads to delayed justice in the end.
