scholarly journals Mediation

Amicus Curiae ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 151-168
Author(s):  
Lesley A Allport
Keyword(s):  
Social Norms ◽  
Dispute Resolution ◽  
Justice System ◽  
Self Regulation ◽  
Community Setting ◽  
Informal Justice ◽  
Perceptions Of Fairness ◽  
First Choice ◽  
Educative Process ◽  
Formal Justice

This article examines the place of mediation both internally and externally to the civil justice system. The growth of alternative dispute resolution (ADR) and the culture of settlement within formal justice has somewhat absorbed mediation as a process by which to resolve disputes at the door of the court. Yet, it can be argued that its origins lie within the community setting where social norms have a distinct role to play and where collective as well as individual interests have a significant impact. This paper considers the application of mediation in a much wider sense than simply as a tool for settlement. It explores the concept of mediation as an educative process that supports the generation and advocation of social norms. Mediation can be understood as a form of self-regulation which relies on perceptions of fairness, justice and trust. In so doing, it can be argued that it provides a means of informal justice amounting to dispute prevention as far as its relationship to the justice system is concerned. Viewed in this way, mediation provides a genuine first choice as a means to address and resolve conflict rather than an alternative method by which to settle disputes. Keywords: mediation; dispute resolution; dispute prevention; community norms; formal justice; informal justice; process pluralism; alternative; first choice.

scholarly journals Dispute Resolution Practices in USA, Australia and UK/EU

2019 ◽  
Vol IV (I) ◽  
Author(s):  
Abida Hassan ◽  
Dil Muhammad Malik
Keyword(s):  
European Union ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Informal Justice ◽  
Resolution System ◽  
European Union Countries ◽  
Settlement Of Disputes ◽  
Formal Justice ◽  
Dispute Resolution System

The research aims to highlight and discuss the different modes of settlement of disputes in today�s populated and overcrowded societies. The research has shown that due to expensive, time consuming and rigid process of formal justice system (court litigation) USA, Australia, UK and even European Union countries have preferred informal justice system (Alternative Dispute Resolution) for disputants to opt for their solutions. The informal dispute resolution system (Alternative Dispute Resolution) prevailing in modern countries like USA, Australia and UK is full of benefits and most probably the main reason for their progress and development also, and the study has shown that the system is working successfully in these countries, therefore, it can be applied anywhere even in the developing countries as well because this system is more sustainable in any form than the formal justice system (court litigation).

Administration of State Sponsored Local Justice System: An Appraisal on the Legal Framework of Village Courts in Bangladesh

2016 ◽  
Vol 44 (3) ◽  
pp. 235-240
Author(s):  
Md. Al-Ifran Mollah
Keyword(s):  
Rural Areas ◽  
Justice System ◽  
Single Channel ◽  
Legal Framework ◽  
Access To Justice ◽  
Informal Justice ◽  
Local Justice ◽  
The People ◽  
Political Interference ◽  
Formal Justice

AbstractAccess to justice is one of the significant pre-requisites for sustainable human development and it has been made available in the form of both the formal and informal systems stretching from the very top of the judiciary to the local justice system in Bangladesh. The formal justice system, even though it plays the most pivotal role, has been facing huge pressure from case backlogs, which ultimately hampers the true spirit of justice. On the other hand, most people's perception towards informal justice system is also fairly poor with lack of trust due to partisan political interference, corruption, religious dogmas, and social elitism, which have made this system almost ineffective. Consequently, state-sponsored local justice system has come forward with a view to combining the both streams in a single channel in the form of restorative justice and a quorum of quasi-formal justice system aimed at ensuring and dispensing justice to the people in rural areas in an affordable and convenient manner. In line with this view, village courts have been established to redress petty civil and criminal issues. This article attempts to examine the feasibility of the present legal framework of village courts to deliver justice efficiently at the grassroots level.

scholarly journals Effectiveness of Arbitration as an Alternative Dispute Resolution in Bangladesh

2021 ◽  
Vol 2 (1) ◽  
pp. 15-40
Author(s):  
Md. Nazmul Haq ◽  
Jannatul Ferdous ◽  
Rajib Chandra Das
Keyword(s):  
Dispute Resolution ◽  
Rural Areas ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Formal System ◽  
Political Influence ◽  
Poor People ◽  
Informal Justice ◽  
Justice Systems ◽  
The Village

The structured legal system of Bangladesh is costly and takes a long time to complete. As a result, poor citizens in rural areas can seldom seek justice through the formal judicial process. The costs of hiring a lawyer, the time and money expended in court, and the amount of talent, schooling, and experience needed to litigate all act as roadblocks to justice. As a result, poor people prefer or have no choice but to use conventional justice systems such as Shalish. However, Shalish is a very informal type of local judicial practice that heavily influences rural society’s power structure. With time, people with special interests and musclemen dominate the informal justice system at the village level. Alternative dispute resolution (ADR) had arisen in the Indian subcontinent to improve the village justice system's condition. For the past 35 years, the state-led rural justice system, such as Shalish and village court, has played an essential role in resolving petty rural litigation, but at a sluggish and informal pace. In the evolving landscape of rustic political influence, this age-old court is having difficulty dispensing justice to the countryside citizens. The study looked at the existing rural informal justice systems in Bangladesh, especially the Union Parishad-led ADR, and argued that, if adequately enabled and revamped, this justice system could be a desirable alternative to the formal system of justice for people living in rural areas. The study aimed to recognize the obstacles that the Union Parishad faces in dispensing justice, both directly and indirectly (UP).

scholarly journals Ancient Dispute Resolution through Informal Processes: ADR

2020 ◽  
Vol 2 (2) ◽  
pp. 73-77
Author(s):  
Dr. Abida Hassan ◽  
◽  
Dr. Dil Muhammad Malik ◽  
Keyword(s):  
Dispute Resolution ◽  
Justice System ◽  
Formal System ◽  
Historical Study ◽  
Legal Systems ◽  
Informal Justice ◽  
Research Article ◽  
Ancient Times ◽  
Settlement Of Disputes ◽  
Day By Day

The research article discusses the historical study for settlement of disputes under the umbrella of legal systems (formal and informal) prevailing in different civilizations and in various times. This research is briefly discussing the historical aspects of various legal systems in ancient times. This research highlights that human civilizations promoted both methods, but the most popular method was informal dispute resolution (ADR) in all over the world which still is needed and being popular day by day. From study, it has been founded that informal dispute resolution (ADR) has been the choice of people and they preferred to opt this process rather to go for litigation. The research has shown the benefits and importance of settlement of disputes through informal justice system. The study high lights that the system has been working very successfully in ancient times, therefore, this pre-tested process i.e., informal dispute resolution is more sustainable in any form than the formal system because it reflects amicable practices.

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.

scholarly journals PROVIDING A SENSE OF JUSTICE: Informal mechanisms for dealing with domestic violence

2016 ◽  
Author(s):  
Kelley Moult
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Informal Justice ◽  
Justice Process ◽  
Sense Of Justice ◽  
Formal Justice

Informal justice structures are used by many women for dealing with domestic violence. Their services more closely meet the needs of women than the criminal justice system, in terms of the immediacy with which they resolve problems, their focus on mediation and resolution rather than arrest and punishment, and their affordability. For resolving domestic conflicts, alternative justice mechanisms seem to have much more legitimacy for those involved than the formal justice process.

scholarly journals The Scope of Informal Justice Mechanisms in ‘Criminal Justice System’: Critical Observations on Principles, Theories and Prospects

2013 ◽  
pp. 9-36 ◽  
Author(s):  
Yubaraj Sangroula
Keyword(s):  
Criminal Justice ◽  
South Asia ◽  
Criminal Justice System ◽  
Justice System ◽  
Plea Bargaining ◽  
Criminal Cases ◽  
Community Mediation ◽  
Informal Justice ◽  
The Government ◽  
Formal Justice

The quintessence of the paper is conception of a criminal justice system in which formal justice system and informal justice system jointly work to achieve the greater goal of ensuring security and respecting human dignity. In order to accomplish such complementarily, the conventional stereotypes on retributive, colonial and punitive approaches to the criminal justice system devoid of victimcentrality would have to be done away with. The cancerous vestiges of the colonial thinking are observable in South Asia and have eroded the faith of people upon the government and the justice system acting as a stimulus for designing an effective informal justice system, which has already been in practice since time memorial. With regards to South Asia, it is exemplified by the paralegal committee, Shalis Kendra, Union Parishad and Lok Adalat. The scope of informal justice system in criminal cases manifests in form of community mediation, plea bargaining, restorative negotiation and revocation of cases. Nevertheless, clear guidelines must be formulated to avoid potent problems in the mechanism.

The Individual and Administrative Justice

2021 ◽  
Author(s):  
Naomi Creutzfeldt
Keyword(s):  
Decision Making ◽  
Justice System ◽  
Service Users ◽  
Perceptions Of Fairness ◽  
Decision Making Processes ◽  
The Subject ◽  
Individual Justice ◽  
The Individual ◽  
Individual Service ◽  
Administrative Justice

This chapter discusses what individual justice means in the realm of administrative justice. The standards of justice and fairness that apply in administrative decision-making need consideration from the perspective of the service user. Should the administrative justice system serve the citizen or the state? What role do individual service users have in the design, use, and evaluation of more bureaucratic systems of redress? Different notions of justice, as they relate to primary decision-making processes, have been described through various models. This chapter provides a set of tools with which to study the subject and argues for the importance of user voice and perceptions of fairness in the provision of a more citizen-focussed justice.

Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes

2017 ◽  
Vol 25 (3-4) ◽  
pp. 658-671 ◽  
Author(s):  
Nicola Taylor
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Justice System ◽  
Research Evidence ◽  
Family Court ◽  
New Family ◽  
The Family ◽  
Major Reform ◽  
Children’S Views ◽  
Resolution Processes

This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.

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