Using case examples, accurately apply and explain the role in the civil courts and ADR of the legal profession and lay people.

The roles of the legal profession and lay people in civil courts and Alternative Dispute Resolution (ADR) are distinct yet complementary. Here's a step-by-step explanation using case examples:

1. Role in Civil Courts:

   • Legal Profession: Lawyers, including solicitors and barristers, represent their clients in civil court cases. They provide legal advice, prepare and present the case, and argue on behalf of their clients. For example, in the landmark civil case of Donoghue v Stevenson (1932), lawyers played a crucial role in arguing the case, which led to the establishment of the modern law of negligence.

   • Lay People: In civil courts, lay people mainly serve as jurors in some serious defamation cases or civil cases involving the state. Their role is to determine the facts and make a decision based on the evidence presented. However, most civil cases are decided by a judge alone.

2. Role in ADR:

   • Legal Profession: In ADR processes such as mediation or arbitration, lawyers can represent their clients, provide legal advice, and help negotiate settlements. For instance, in the case of A v B (2012), lawyers helped negotiate a settlement through mediation, avoiding a costly and lengthy court trial.

   • Lay People: Lay people can serve as mediators or arbitrators in ADR. They facilitate discussions between the parties and help them reach a mutually satisfactory agreement. For example, in a community dispute over noise levels, a lay mediator could help the parties communicate their concerns and find a solution.

In conclusion, both the legal profession and lay people play important roles in civil courts and ADR. Lawyers provide legal expertise and advocacy, while lay people bring their life experience and common sense to the process. Their roles are different but equally vital in ensuring that disputes are resolved fairly and effectively.