Compare and contrast the role and function of lawyers and lay people in the English courts and ADR.

The roles and functions of lawyers and lay people in the English courts and Alternative Dispute Resolution (ADR) are quite distinct. Here's a step-by-step comparison and contrast:

1. Role in Court Proceedings:

   • Lawyers: Lawyers, including solicitors and barristers, play a crucial role in court proceedings. They provide legal advice to their clients, represent them in court, present evidence, cross-examine witnesses, and make legal arguments to the judge or jury. They are trained professionals who understand the law and the court procedures.

   • Lay People: Lay people, such as jurors and magistrates, also play important roles in court proceedings. Jurors decide the facts in a case and determine the verdict in a trial. Magistrates, who are volunteer lay people, handle less serious criminal cases, some civil cases, and family cases. They make decisions based on the facts presented to them, guided by a legal advisor.

2. Role in ADR:

   • Lawyers: In ADR processes, lawyers can represent their clients and provide legal advice, but they do not have the same adversarial role as in court proceedings. In mediation, for example, lawyers can help their clients understand their legal rights and obligations, but the focus is on facilitating a mutually satisfactory agreement rather than winning a case.

   • Lay People: Lay people can act as mediators or arbitrators in ADR processes. They do not need to be legally trained, and their role is to facilitate communication between the parties and help them reach a resolution. Their focus is on the needs and interests of the parties rather than the legal issues.

3. Contrast:

   • Expertise: Lawyers have legal expertise, while lay people bring their life experience and common sense.

   • Perspective: Lawyers approach cases from a legal perspective, while lay people may focus more on the practical and emotional aspects of a dispute.

   • Authority: Lawyers can influence the outcome of a case through their legal arguments, while lay people (as jurors or magistrates) have the authority to make decisions in court cases.

In conclusion, both lawyers and lay people play vital but different roles in the English courts and ADR. Their roles complement each other, with lawyers providing legal expertise and lay people ensuring that the justice system is grounded in the realities of everyday life.