US and UK pre-trial stages : a comparative study

Abstract

The research undertaken for this thesis seeks to form analytical comparisons between the American and British pre-trial stages. A study of these stages involves research primarily into Alternative Dispute Resolution mechanisms, legislative provisions and lawyer interaction. These combined will provide a highly comprehensive view of these early phases in dispute resolution. Through a study of both American law and British law, this thesis delves into a study of the pre-trial and ADR instruments in place in these foreign legal systems. Research on the implementation of these methods and their subsequent success, or lack thereof, created the ability to view each system with a critical eye. The study will form opinions based on research, involving a critical analysis of the systems as they stand today and their potential future development. Finally, a conclusion will be reached as to the positives and negatives of each system, and the findings which were surprising and which were predictable. The thesis will group the research in an effort to demonstrate the importance of the pre-trial stage and its increasing future value.