ADR’s Place at the Justice Table

2021 ◽  
pp. 382-386
Author(s):  
Elayne E. Greenberg
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Court System ◽  
Sociological Perspective ◽  
Two Cultures ◽  
Broad Applicability

As alternative dispute resolution (ADR) innovations become institutionalized into the court system, ADR’s promise to humanize and personalize justice too often becomes co-opted by the more dominant values of the traditional legal system. Professor Menkel-Meadow refers to this co-opting as a “clash of two cultures.” This “clash” is actually the legal system’s ongoing acculturation of ADR, focusing on efficiency and settlement often at the expense of preserving the distinct qualitative benefits such innovations offer the justice system. Why does this co-opting happen? From a sociological perspective, it can also be understood to be an extension of the ongoing feminist struggle to gain voice and legitimacy within the legal system and within broader society. This comment invites the reader to re-examine the institutionalization of ADR innovations through this acculturation lens. Although the focus will be on the institutionalization of court annexed mediation programs, these lessons have broad applicability to many court annexed ADR innovations....

The English Legal System

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Legal Services ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and funding legal services. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution. The final part looks to the future.

scholarly journals In Chancery: The Genesis of Micro Caseflow Management

Amicus Curiae ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 165-200
Author(s):  
Michael Reynolds
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Court System ◽  
Civil Justice ◽  
England And Wales ◽  
Informal Justice ◽  
Judicial Practice ◽  
Civil Justice System ◽  
The Relationship

This article explores an early example of subordinate judicial practice in England and Wales in which we may see some issues that later appear in the relationship between informal justice initiatives (especially alternative dispute resolution) and the civil justice system. Broadly speaking, the paper looks first at the symptoms of systemic failure in the pre-1873 system which led to the creation of the Official Referee’s office. It then considers the relevant recommendations of the Judicature Commissioners and the reasoning behind such recommendation, looking at both the macro- and the micro-levels, before exploring the referees’ diverse jurisdiction which provided a creative foundation for the evolution of interlocutory innovation. The article argues that structural realignment of the court system by the Judicature Commissioners was not sufficient in itself to eradicate all its encumbrances, but it indirectly empowered the referees to eventually bring about revolutionary procedural changes.

The English Legal System

2021 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Criminal Justice ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Civil Litigation ◽  
Legal Aid ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and legal aid. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution, as well as the funding of civil litigation. The final part looks to the future.

Alternative Dispute Resolution in Nigeria: an Emerging Trend

2021 ◽  
Vol 3 (5) ◽  
pp. 85-102
Author(s):  
Edim Isua
Keyword(s):  
Conflict Management ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Management Group

This paper establishes the fact that Alternative Dispute Resolution (ADR) is evolving in Nigeria. It highlights the growing acceptance of ADR mechanisms for resolution of conflicts in the Nigerian legal system. It talks about the origin and development of the concept of ADR, Arbitration institutions, the “Multi-Door” Courthouse (MDC), the Negotiation & Conflict Management Group (NCMG), ADR agreements, application of ADR mechanisms, as well as the limitations on the use of ADR in Nigeria. In all, this research is an eyeopener to the benefits of ADR in Nigeria and seeks to encourage its full use in the country.

Unpacking the Dilemma of Alternative Dispute Resolution and Access to Justice by Women in the Ghanaian Context

2021 ◽  
pp. 171-189
Author(s):  
John Kwame Boateng ◽  
Ernest Darkwa
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Cost Reduction ◽  
Alternative Dispute Resolution ◽  
Cultural Norms ◽  
Access To Justice ◽  
Cultural Dynamics ◽  
Time Saving ◽  
Reduction Time ◽  
Remote Areas

The chapter explores the dilemma of alternative dispute resolution (ADR) and access to justice for women in Ghana. It argues that introduction and use of ADR has contributed to improving access to justice with regards to reducing delays in formal court procedures, cost reduction, time saving, opening spaces for less-resourced individuals and groups, particularly women, to have access to justice. Above all, ADR does bring access to justice systems close to remote areas, serving the needs of disadvantaged individuals including women and others who are most vulnerable. However, the weaknesses and challenges in the formal legal system, coupled with the historical and cultural dynamics of the Ghanaian society, which is patriarchal in nature, have prevented mostly women from reaping the maximum benefits of ADR. Revisiting the challenges of the justice system and the historical and cultural norms of Ghana would help increase and enhance women's access to justice through ADR.

2. The Court System and Alternative Dispute Resolution

2019 ◽  
pp. 16-40
Author(s):  
Lucy Jones
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Alternative Methods ◽  
European Convention ◽  
Court System ◽  
The European Union ◽  
English Court ◽  
European Court ◽  
The Supreme Court

This chapter discusses the English court system, civil disputes, and alternative dispute resolution. The courts in England and Wales form a hierarchy. At the lowest level are the Magistrates’ Courts and the County Courts, then the Crown Court and High Court, then the Court of Appeal, and finally the Supreme Court. The chapter considers the role of the Court of Justice of the European Union in interpreting EU law within Member States. It explains the position of the European Court of Human Rights, which deals with allegations of state breaches of the European Convention on Human Rights. Civil disputes arise in every area of business. An explanation of the civil procedure rules from commencing a claim to enforcement of a court judgment is provided. The chapter concludes with a discussion of alternative methods of dispute resolution including arbitration, mediation, and conciliation.

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.

scholarly journals Status of ADR in Existing Laws of Pakistan: A Brief Study

2020 ◽  
Vol V (III) ◽  
pp. 263-269
Author(s):  
Abida Hassan ◽  
Dil Muhammad Malik
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Social System ◽  
Alternative Dispute Resolution ◽  
The Social

This article highlights already working of Alternative Dispute Resolution (ADR) in existing laws of Pakistan and mentions the provisions in which Alternative Dispute Resolution (ADR) is already available in various federal as well as provincial laws of Pakistan, but unluckily has not been applied or followed properly and new legislations have been enacted. There is only a need to create awareness on the said topic. This article also points out the benefits of this system because it provides justice to people at their doorstep but also reduces the backlog of cases and lessens the burden on courts so that they can give genuine attention to matters serious in nature. There is a need to introduce this system at all levels, which will be beneficial not only for the legal system in particular but also for the social system in general. This article creates not only awareness but also identifies the weaknesses of the legal system in Pakistan and link them with the problems of this country; it makes some suggestions for making this system more effective.

scholarly journals Mediation in administrative proceedings: problems of theory and practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 186-190
Author(s):  
Iryna Verba
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Administrative Process ◽  
Legislative Framework ◽  
The Moment ◽  
Administrative Proceedings ◽  
Judicial Method

The article studies the the introduction of mediation in administrative proceedings. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. Mediation is not able to displace and replace the judicial resolution of administrative disputes using the classic adversarial procedure. It is proposed to recognize adjudication mediation as the optimal procedure in resolving administrative disputes. Proposals and recommendations concerning creation of the legislative framework for the application of mediation as the alternative dispute resolution in administrative proceedings in Ukraine are formulated. That is why resolving the issue of relieving the judiciary is relevant for the use of mediation as an alternative way of resolving disputes or conflicts. Insufficient use of mediation as a way to resolve legal conflicts, including administrative ones, is low awareness of the advantages of this method of resolving legal conflicts and its advantages over the traditional judicial method of resolving legal disputes, insufficient legal regulation of mediation in Ukrainian legislation, lack of sufficient professional mediators who could provide quality mediation services, conservatism of both lawyers and participants in the administrative process at the moment of development of the legal system in Ukraine.

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