7. The Structure of the Tribunals

2019 ◽  
pp. 225-242
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Dispute Resolution ◽  
Case Studies ◽  
Parallel System ◽  
Judicial System ◽  
Legal Questions ◽  
Oversight System

This chapter examines the jurisdiction and structure of tribunals. It then considers two very different tribunals through the use of case studies, namely the Employment Tribunals and the Investigatory Powers Tribunal. Tribunals have existed for many years but have traditionally operated as an oversight system for administrative issues. In recent years, the number of tribunals has increased and their work has begun to involve more complicated legal questions. Tribunals are now, in essence, a parallel system of dispute resolution and their complexity is recognized by the fact that their presiding officers now bear the title of ‘judge’. This chapter examines this parallel judicial system and identifies similarities between and differences from court justice.

7. The Structure of the Tribunals

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Dispute Resolution ◽  
Case Studies ◽  
Parallel System ◽  
Judicial System ◽  
Legal Questions ◽  
Oversight System

This chapter examines the jurisdiction and structure of tribunals. It then considers two very different tribunals through the use of case studies, namely the Employment Tribunals and the Investigatory Powers Tribunal. Tribunals have existed for many years but have traditionally operated as an oversight system for administrative issues. In recent years, the number of tribunals has increased and their work has begun to involve more complicated legal questions. Tribunals are now, in essence, a parallel system of dispute resolution and their complexity is recognized by the fact that their presiding officers now bear the title of ‘judge’. This chapter examines this parallel judicial system and identifies similarities between and differences from court justice.

7. The Structure of the Tribunals

2021 ◽  
pp. 225-242
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Dispute Resolution ◽  
Case Studies ◽  
Parallel System ◽  
Judicial System ◽  
Legal Questions ◽  
Oversight System

This chapter examines the jurisdiction and structure of tribunals. It then considers two very different tribunals through the use of case studies, namely the Employment Tribunals and the Investigatory Powers Tribunal. Tribunals have existed for many years but have traditionally operated as an oversight system for administrative issues. In recent years, the number of tribunals has increased and their work has begun to involve more complicated legal questions. Tribunals are now, in essence, a parallel system of dispute resolution and their complexity is recognized by the fact that their presiding officers now bear the title of ‘judge’. This chapter examines this parallel judicial system and identifies similarities between and differences from court justice.

scholarly journals The Paradoxical Use of the Term Sulh: An Analytical Study from Quranic Perspective

2020 ◽  
Vol 16 (1) ◽  
pp. 1-14
Author(s):  
Muhammad Rafiqul Hoque ◽  
Muhammad Mustaqim Mohd Zarif
Keyword(s):  
Qualitative Study ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Analytical Study ◽  
Judicial System ◽  
The West ◽  
The World ◽  
History Of ◽  
Two Sides

Dispute resolution systems are broadly divided into two sides namely Judicial Dispute Resolution (JDRS) and Non-Judicial Dispute Resolution Systems (NJDRS). The first one is more formal, and the latter is informal which is known as Alternative Dispute Resolution (ADR) all over the world. Though ADR is claimed to be a great innovation of the West, it is found to be practiced in the Islamic Judicial System from its very inception. ADR was practiced throughout the history of Islamic Judiciary as sulh. However, the use of the word sulh in the meaning of ADR needs to be explained in the present judicial context. Scholars sometimes discussed sulh as a system parallel to ADR and sometimes as a process, which creates confusion in its multiuse. Hence, this study aims at eliminating this confusion on the paradoxical use of the term sulh as a system for dispute resolution as well as a process of that system. At present, hardly any study has precisely differentiated between them. Thus, this qualitative study focuses on discussing it primarily from the perspectives of the Quran, documented sources as well as interviews. The major finding of this study is that sulh, comparing with present day ADR, does not need to be used paradoxically. The main contribution of the study is to propose a clarification of sulh in the line of ADR fruitfully. The findings of this study are not only useful in clarifying the exact meanings of the term as used in different contexts but also applicable to solve problems faced by arbitrators involved in various indigenous traditional dispute resolution systems such as shalish in Bangladesh and elsewhere.

Judicial Challenges Facing the Islamic Finance Industry of Nigeria

2021 ◽  
Vol 29 (2) ◽  
pp. 244-262
Author(s):  
Zakariya Mustapha ◽  
Sherin Kunhibava ◽  
Aishath Muneeza
Keyword(s):  
Dispute Resolution ◽  
Judicial System ◽  
Islamic Finance ◽  
Curricular Reform ◽  
Legislative Reform ◽  
Finance Industry ◽  
Financial Regulations ◽  
Contractual Agreements ◽  
Civil Courts ◽  
Fundamental Requirement

A fundamental requirement of Islamic financial practice, Shariah-compliance covers all aspects of the transaction from contractual agreements to execution to dispute resolution. Thus a sound judicial system with in-built Shariah-compliance mechanisms is indispensable to facilitate the execution of such contracts and to ensure the sustainability of the practice. In Nigeria, this system is still under development with the judiciary the most readily available option for dispute resolution. However, comprised merely of civil courts with jurisdiction to hear Islamic finance cases, these mechanisms subject the industry to possible legal and Shariah-compliance risks. Having conducted a series of interviews with experts, this study recommends: constitutional and legislative reform to grant jurisdiction to existing civil courts; the Financial Regulations Advisory Committee of Experts (FRACE) should be statutorily entitled to offer binding advice to courts; the practice itself should be enshrined in appropriate legislation; and there should be curricular reform to ensure judges and lawyers are adequately trained/educated in the particulars of Islamic finance.

Circle Peace-Making in Alaska

2019 ◽  
pp. 146-164
Author(s):  
Polly Elizabeth Hyslop ◽  
Brian N. Jarrett
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
The State ◽  
Judicial System ◽  
Young Offenders ◽  
Contemporary Method ◽  
Local Law Enforcement ◽  
Local Schools ◽  
Rural Alaska ◽  
Local Law

In this chapter, the authors explore the re-emergence of peace-making in a Tlingit community, its renaissance, and its value as a contemporary method of dispute resolution in rural Alaska. The circle peacemaking process (herein “circle peace-making”) works in collaboration with the State of Alaska judicial system, as a local restorative practice addressing misdemeanors and juvenile offenses. Local law enforcement and families within communities can refer misdemeanor and young offenders to circle peace-making. Local schools can also refer students who are in need of guidance and direction to address misbehaviors.

Part I Introduction, 4 Dispute Resolution and Specialized ADR for Islamic Finance

2020 ◽  
Author(s):  
White Andrew
Keyword(s):  
Dispute Resolution ◽  
Subject Matter ◽  
Parallel System ◽  
The State ◽  
Islamic Finance ◽  
Institutional Frameworks ◽  
Widespread Implementation ◽  
Subject Specific ◽  
Subject Matter Expertise ◽  
State Resistance

This chapter assesses dispute resolution in Islamic finance. Simply referred to as ‘IDR’ (Islamic Dispute Resolution), this Shari’a-based form of Alternative Dispute Resolution (ADR) not only provides desperately needed subject matter expertise in Islamic finance dispute resolution but at the same time accommodates Islamic legal values and traditions in resolving the disputes that inevitably arise in the context of Islamic finance. As with construction arbitration, or labour arbitration, or any other subject-specific ADR process, IDR for Islamic finance is simply another mode of private commercial adjudication. Moreover, from the viewpoint of the State, it is much less threatening than a parallel system of Shari’a courts, which may reach decisions over which the State has no ultimate say. In fact, contrasted with such a parallel system, absent an amicable settlement—in which case the State would have no stake or direct interest anyway—the ultimate adjudication by an IDR intermediary would be subject to review and affirmation by the courts as an arbitral award. Rather than popular or state resistance to the idea of IDR, currently the greatest obstacle to increased and more widespread implementation of IDR for Islamic finance disputes is insufficient expertise and extremely limited facilitative legal and institutional frameworks.

Consensual Dispute Resolution with Same-Sex Couples

2018 ◽  
pp. 133-146
Author(s):  
Diane M. Goodman ◽  
Mariette Geldenhuys
Keyword(s):  
Dispute Resolution ◽  
Judicial System ◽  
Same Sex ◽  
Same Sex Couples ◽  
Professional Needs ◽  
History Of ◽  
Similarities And Differences ◽  
Collaborative Law

This chapter discusses the role of consensual dispute resolution (CDR), which allows parties to resolve their disputes outside of the judicial system, in same-sex relationship dissolutions. Two forms of CDR are mediation and collaborative law. In mediation, the parties meet with a neutral professional who helps the parties identify and resolve their disputes. In collaborative law, each party is represented by a collaborative attorney. The chapter, outlines characteristics of mediation and collaborative law, including their similarities and differences, and the tenets of a collaborative divorce. It then describes how the history of discrimination in the courts has affected LGBTQ families and made the use of CDR a more satisfactory and safe way to uncouple. It examines the unique issues that arise for some LGBTQ clients. Lastly, it reviews the skills a CDR professional needs to work with LGBTQ clients.

Experimental Psychology and the Law

2017 ◽  
Author(s):  
Tess Wilkinson-Ryan
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Real World ◽  
Experimental Psychology ◽  
Tort Law ◽  
Ordinary People ◽  
Compensation Contracts ◽  
Legal Scholarship ◽  
Legal Questions ◽  
The Social

Experimental psychology has become an increasingly reliable and available tool for legal scholars the research of which implicates human behaviour and cognition. This article considers areas of legal scholarship that have used experimental psychology in different ways. These areas include tort law and settlement (e.g. assessing fairness, punishment, and compensation); contracts (e.g. assessing the social, moral, and practical meanings of promissory obligations for ordinary people); dispute resolution, intellectual property, and studies on the differential effects of certain manipulations on different cultural sub-groups. Using these areas as case studies, it is possible to unpack the resonances, implications, and limitations of an experimental psychology approach to legal questions. The article concludes with an example of how experimental psychology has been used to uncover and explain a real-world effect, in this case in the bankruptcy context.

scholarly journals Online reconciliation as a means of improving the access to justice

2021 ◽  
pp. 29-45
Author(s):  
Elena Vladimirovna Burdina ◽  
Oleg Aleksandrovich Kapustin
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Integrated Model ◽  
Judicial System ◽  
Access To Justice ◽  
Legal Analysis ◽  
Digital Services ◽  
Judicial Proceedings ◽  
Current Context ◽  
The Subject

The subject of this research is the problem of improving the effectiveness of conciliation procedures, their relevance to the citizens, and increasing the role and importance of the forms of pacific settlement of the dispute within the Russian system of justice in the conditions of digitalization of judicial activity. The goal of this article is to prove online reconciliation as a method for improving access to justice, as well as substantiate the integrated model of reconciliation in judicial activity using digital services and platforms. Leaning on the works of the Russian and foreign researchers (V. M. Zhuykov, S. K. Zagaynova, V. V. Yarkov, and others), the conclusion is made that the institution of reconciliation, including mediation, is historically built around the judicial system. Hindsight analysis of the judicial and non-judicial forms of dispute settlement indicates their coherent development. The implementation of the digital platform “Justice Online” in judicial activity allows improving citizens’ access to dispute resolution in or without judicial proceedings using pacific means. In the current context, reconciliation is viewed within the structure of judicial activity and consists in implementation of reconciliation procedures, including online reconciliation, in the courthouse or with the involvement of court, or via digital judicial platforms. The application of comparative legal analysis substantiates the integrated mod el of reconciliation, which has the following characteristics: access to mediation services in the courthouse; granting authorities to the court staff for elucidation of the possible methods of dispute settlement; accretion of power of reconciliation judges; integration of technological services of online reconciliation with the digital judicial platform; merger between the website of the court and the websites of mediation organizations.

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