Directions hearings

[TaneshaC]

How do I explain the significance of directions hearings in the resolution of civil disputes?
Should I refer to Timely resolution, fair and unbiased hearing and access to the legal system?

[Jigsaw]

Hey there;

I'm not really sure from a unit 3/4 perspective, but from what I've covered, I believe Directions Hearings are significant as they encourage an early settle of a civil dispute, before it proceeds to trial. Through the 'directions' imposed by the judge/justice, parties are encouraged to solve the dispute through avenues of ADR, specifically mediation/conciliation. This is significant as it may allow the parties to reach an agreement, without having to commence the trial. Additionally, 'directions' against a particular party, for example, an order for further and better particulars, may cause a party to realise their case is quite limited, and hence, engage in a settlement outside of trial.

Just my thoughts!

[Glasses]

Hey there!

So just to add to what Jigsaw said -
A directions hearing is a pre-trial hearing that is conducted by a judge or an associate judge, which aims to speed up the process of getting to trial by 1) clarifying and resolving as many issues as possible before the trial begins and 2) giving the parties instructions and time limits regarding the future conduct of the case.
There are a variety of directions a judge can give the parties at a directions hearing; such as:
- Directing the parties to file a particular document before a certain time.
- Directing the parties to disclose a particular class of documents by a certain date (especially when there is a dispute regarding the disclosure of documents).
- Directing the parties to attend mediation.
- Directing the parties to exchange written submissions.

Therefore, I'd argue that directions hearings are significant because they provide for the timely resolution of civil disputes, and because in many instances, they provide for a fair and unbiased hearing (e.g. by enabling the parties to voice any issues or concerns they are having).

Best of luck!