Alternative dispute resolution in legal education and administration of justice in West Africa

2005 ◽  
Vol 3 (2) ◽  
pp. 3-25 ◽  
Author(s):  
Amazu A Asouzu
Keyword(s):  
West Africa ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Education ◽  
Administration Of Justice

scholarly journals Keeping up with change: no alternative to teaching ADR in clinic. An Australian perspective

2018 ◽  
Vol 25 (1) ◽  
pp. 35
Author(s):  
Jacqueline Weinberg
Keyword(s):  
Dispute Resolution ◽  
Clinical Education ◽  
Alternative Dispute Resolution ◽  
Legal Education ◽  
Law Students ◽  
Access To Justice ◽  
Legal Practice ◽  
Law Schools ◽  
The Cost ◽  
Client Needs

<p>Over the last 30 years alternative dispute resolution (ADR) has become more prominent in Australian legal practice due to the need to reduce the cost of access to justice and to provide more expedient and informal alternatives to litigation. As legal educators, we need to ask: how should we be preparing law students entering practice for these changes? How can we ensure that once they become lawyers, our students will not rely entirely on litigious methods to assist their clients but instead look at alternatives for dispute resolution?</p><p>In this paper, I argue that there is no alternative to teaching ADR in clinic in order to address client needs and to ensure that students engaged in clinical education are prepared for changes in legal practice today. I show that the increasing focus upon ADR in Australian legal practice represents a challenge for law schools, and that legal educators need to ensure they are educating students about ADR.</p><p>I argue that it is important to determine whether ADR is being taught to students undertaking clinical legal education in ways that will enhance their preparation for legal practice. I will show that there is a need to explore: whether ADR is being taught within clinical legal education, the strengths and weaknesses of existing approaches, and how the teaching of ADR within clinics can be improved.</p>

4. The Court Structure and Alternative Forms of Dispute Resolution

Business Law ◽  
2018 ◽  
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Administration Of Justice ◽  
Practical Sense

This chapter identifies courts and tribunals as the place where the laws discussed in the previous chapters are interpreted and utilized in the legal system. The jurisdiction of the courts and the personnel within them are described and a comparison is drawn between these forums for the administration of justice. It is important for those in business to be aware of the work of at least one tribunal—the Employment Tribunal, as many employment-related disputes ultimately end up here. Also, the courts in the English legal system, and the increasing use of Alternative Dispute Resolution mechanisms, are relevant to businesses as they are used either to settle disputes or to avoid them altogether. Because the term ‘court’ is difficult to define in any practical sense, the chapter uses a description of what a court does.

Varieties of Dispute Processing: The Implications on Legal Education

2021 ◽  
pp. 342-346
Author(s):  
Yael Efron
Keyword(s):  
Dispute Resolution ◽  
Legal Education ◽  
The Other ◽  
Knowledge And Skills ◽  
Legal Professionals ◽  
Administration Of Justice ◽  
Dispute Processing

Sander’s prophetic remarks in Varieties of Dispute Processing, along with the work of the other forefathers and foremothers of our field, have shaped dispute resolution reality worldwide on many levels: it has shaped policymaking in the sense that many dispute resolution mechanisms found their way into justice administration, civil and criminal, around the globe; it has brought to the attention of legal education institutions the need to enrich the legal curriculum with knowledge and skills required to function in the newly shaped administration of justice; it equipped the toolbox of legal professionals with much more diverse tools to assist clients; and it shifted the discourse in society about judicial satisfaction from “winning” to “getting what I needed.”...

scholarly journals Dispute Resolution, Access to Civil Justice and Legal Education

1969 ◽  
pp. 741 ◽  
Author(s):  
Trevor C.W. Farrow
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Education ◽  
Access To Justice ◽  
International Literature ◽  
Civil Justice ◽  
Reform Initiatives ◽  
Law Schools ◽  
Collaborative Development ◽  
Research Programs

This article examines current dispute resolution leaching and research programs in the context of improving access to justice through recent civil justice reform initiatives. Animated by extensive domestic and international literature, online and survey-based research, the article explores the landscape of alternative dispute resolution (primarily at law schools), comments on the need for continued thinking and reform and acts as a leading resource to assist in the ongoing, collaborative development of dispute resolution initiatives in education in Canada and abroad.

4. Dispute Resolution for Businesses

Business Law ◽  
2020 ◽  
pp. 67-88
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Administration Of Justice ◽  
Practical Sense

This chapter identifies courts and tribunals as the place where the laws discussed in the previous chapters are interpreted and utilized in the legal system. The jurisdiction of the courts and the personnel within them are described and a comparison is drawn between these forums for the administration of justice. It is important for those in business to be aware of the work of at least one tribunal—the Employment Tribunal, as many employment-related disputes ultimately end up here. Also, the courts in the English legal system, and the increasing use of alternative dispute resolution mechanisms, are relevant to businesses as they are used either to settle disputes or to avoid them altogether. Because the term ‘court’ is difficult to define in any practical sense, the chapter uses a description of what a court does.

ARBITRATION JUDICIARY – NEW QUALITY OF DISPUTE RESOLUTION

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 623-638
Author(s):  
Tomasz Kałużny
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Alternative Methods ◽  
Arbitration Clause ◽  
Administration Of Justice ◽  
Important Addition ◽  
Legitimate Expectations ◽  
The Common ◽  
Mutual Relations

Arbitration judiciary, often referred to as arbitration, is commonly presented in the literature as one of the alternative methods of dispute resolution. The objections to the irregularities of the judicial state system and legitimate expectations in terms of reducing the time and costs of the proceedings guarantee the parties real access to court and protection of their rights by drawing up an arbitration clause. As part of the mutual relations of arbitration with respect to alternative dispute resolution methods, it should be emphasized that arbitration is a real alternative to the state justice administered by the common courts. It is also worth pointing to the possibilities and the need for disputes resolution by arbitration constituting as an important addition to the course of justice made by courts. The consistent intention to resolve the conflict reflected in the arbitration agreement and the exceptional opportunities for the parties to participate in the arbitration proceedings constitute a new content of the culture and legal awareness of citizens and the creation of modern mutual relations between the parties of broadly understood civil law relations. An arbitration clause, the implementation of arbitration proceedings and the resolution of a dispute within the framework of arbitration may and should therefore constitute a new quality in the administration of justice.

The Origins of Problem-Solving Negotiation and Its Use in the Present

2021 ◽  
pp. 68-72
Author(s):  
Carrie Menkel-Meadow
Keyword(s):  
Problem Solving ◽  
Civil Rights ◽  
Dispute Resolution ◽  
Clinical Education ◽  
Alternative Dispute Resolution ◽  
First Generation ◽  
Legal Education ◽  
Legal Services ◽  
Legal Ethics ◽  
Legal Studies

I began teaching, practicing, and researching law in the mid-1970s, first as a legal services and civil rights lawyer, then as a first-generation legal clinician, and then as a theorist and contributor to a variety of “movements” to change law and legal education: poverty law, clinical education, legal feminism, sociolegal studies, critical legal studies, alternative dispute resolution, legal ethics, law, literature and culture, and transnational legal studies. When I first began writing ...

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