scholarly journals Civil Justice Reform and Mandatory Civil Mediation in Saskatchewan: Lessons from a Maturing Program

1969 ◽  
pp. 677 ◽  
Author(s):  
Julie MacFarlane ◽  
Michaela Keet

This article examines the development of the civil court-connected mediation program in Saskatchewan. The program was evaluated by the authors following its first 10years of operation, using focus groups and interviews with lawyers, clients, mediators and judges across the province. The resulting data shows a broad level of satisfaction with the mediation program among clients and a growing acceptance by the Bar and the Bench. There is an interesting alignment of views between some lawyers and clients describing a desire for proactive (albeit non-evaluative) mediators. The authors go on to discuss possible program enhancements to promote greater flexibility in case referral type, timing and management and to further extend acceptance of the program. The authors conclude that the Saskatchewan program provides a good example of a "maturing" court-connected mediation program, demonstrating the importance of changes in attitudes and behaviours especially among lawyers if justice reform in the form of court-connected mediation is to have a lasting impact on the adversarial culture of the courts.

2012 ◽  
Vol 7 (1) ◽  
pp. 108
Author(s):  
Jason Martin

Abstract Objective – To discover the attitudes of twelve to fifteen year-olds toward the public library. Design – Mixed methodology consisting of a survey and focus groups. Setting – An Eastern Canadian regional municipality. Subjects – Twelve to fifteen year-old middle school students. Methods – Using a disproportionate stratified sample and multistage clustering, the author mailed 900 surveys to middle school students; 249 surveys were completed and usable. Those students who completed the survey and who also indicated they would be willing to participate in a focus group were randomly selected to participate in nine focus groups with between 7 to 12 students in each group. Main Results – Discrepancies exist between the teens’ level of satisfaction with the library indicated on the survey (high) and expressed in the focus groups (low). Teens seldom use the public library due to: their non-existent relationship with library staff, although teens who were “active readers” used the library more; lack of appealing programs and program promotion; no teen-focused website; poor teen facilities within the library; and an overall failure of the public libraries to include teenagers. Conclusion – Public libraries need to be more responsive to teen needs to attract teens to use the library. To uncover these needs, libraries should use mixed methods of discovery.


1976 ◽  
Vol 20 (2) ◽  
pp. 79-99 ◽  
Author(s):  
Saeed Mohd Ahmed El Mahd

Custom is known as urf in Arabic. In Islam the sources of law are the Holy Koran, the Sunna, the ijma’a, the qiyas and possibly urf Customary law existed before the advent of the Condominium Rule in the Sudan. But the origins of the customs and their nature have not yet been studied seriously. According to section 9 of the Civil Justice Ordinance, 1929, the civil courts of the Sudan may have resort to customary law to reach a decision if there is no express enactment covering a certain situation by applying the formula of equity, justice and good conscience of section 9. Moreover, the law to be administered in personal matters in any suit or other proceeding in a civil court shall be any custom applicable to the parties concerned which is not contrary to justice, equity and good conscience, and has not been altered or abolished and has not been declared void by the decision of a competent court.


1979 ◽  
Vol 4 (2) ◽  
pp. 295-346 ◽  
Author(s):  
David M. Engel ◽  
Eric H. Steele

It is not an exaggeration to say that we live in an era preoccupied with the problems and challenges of obtaining justice in civil cases. Concerns expressed about the civil justice system range from warnings that civil court dockets are clogged by disputants too litigious for their own good to complaints that the legal system is used too rarely in civil cases.The authors approach their analysis with a sense that this subject area is in need of more and better theory. It is an unfortunate fact that discussions of civil justice—and suggestions for reform—have been marked by contradiction and confusion and have been engrossed with small matters that tend to obscure from view the system as a whole.The first part of this essay focuses on what the civil justice system is and does. It presents a five-stage model of civil case processing and examines relationships between this model and the criminal justice system. The second part of the essay considers this model in a broader context. Here the authors examine two paradigms of civil case processing and their implications for the implementation of legal norms and the pursuit of justice in society.


2018 ◽  
Vol 36 (4) ◽  
pp. 279-292
Author(s):  
Sarah Vidal ◽  
Suzanne Kaasa ◽  
Michele Harmon

Design Issues ◽  
2020 ◽  
Vol 36 (3) ◽  
pp. 16-30
Author(s):  
Dan Jackson ◽  
Miso Kim ◽  
Jules Rochielle Sievert

After decades of delay, the U.S. legal profession is finally embracing digital technology in the delivery of civil justice. Much more rapidly, design methods are being embraced by legal institutions as a means reforming everything from commercial legal product lines to civil court forms. What explains the rapid embrace of legal design when digital legal technology took decades to break through? We think that a deliberately human-centered approach to law helps explain the sudden advantageousness of legal design. But what must be done about the bias and inequity that is embedded within the legal systems we seek to redesign, and within the legal design movement itself? We propose that a radical iterative and collaborative effort that is deliberately structured to address systemic bias has the strongest potential to deliver on the promise of both design and justice.


Legal Concept ◽  
2021 ◽  
pp. 63-71
Author(s):  
Ekaterina Kupchina ◽  

Introduction: in the era of the active introduction of digital technologies, more and more processes are being automated and smart machines are taking over the work of people. Even at the end of the 20th century, automatic spell-checking and search engines were perceived by many as “highly intelligent” information technologies. Currently, such processes have become completely trivial for most people and have given way to more advanced technologies. The intelligent face recognition systems installed in public places and airports allow you to verify a person’s identity, as well as assist in the capture of criminals. The smart assistants in mobile devices, for example, Google Maps, provide additional information about the destination (working hours, the name of the organization). However, there is more and more debate about the introduction of artificial intelligence technologies in the judicial process. Many experts in the field of information and communication technologies, as well as practicing lawyers, argue that thanks to the accumulated experience and judicial practice, it is possible to predict and make court decisions based on certain algorithms for certain categories of cases. This practice already exists in the system of alternative settlement of civil disputes. The first such decision was made by a robot mediator back in 2019 in the High Court of England and Wales. To resolve the dispute, the Smartsettle ONE system developed by the Canadian company iCan Systems was used. The use of artificial intelligence technology allowed resolving the dispute between the parties and coming to an agreement in less than an hour. The legislator approaches the issues of the introduction of artificial intelligence technology in the system of state courts more carefully. However, court cases do not always require a comprehensive individual approach to decision-making and many cases can be processed automatically, at least, partially. In this regard, it seems appropriate to explore in the paper the main opportunities and risks of using artificial intelligence through the example of the civil justice system of the United States of America. The purpose of the study is achieved by answering several questions: how can artificial intelligence be useful for courts? What mechanisms of the justice system need to be improved for the effective operation of artificial intelligence systems? What forms of artificial intelligence exist in the US civil court system? How can courts and judges work with artificial intelligence under the standards of a fair procedure for considering civil disputes? The methodology is based on a theoretical approach to the study of the most commonly used artificial intelligence technologies in the US civil justice system, as well as a number of national laws and other regulations. Based on the analysis of the theoretical data obtained, in the paper, the author analyzes the current trends and mechanisms for resolving civil disputes using artificial intelligence systems and also highlights some related problems. The results of the research can be used in determining the key goals and objectives of a procedural nature, improving the functioning of judicial and non-judicial organizations, law enforcement, research activities, as well as in teaching activities, in particular, during lectures and seminars on courses of private international law and civil procedure. Conclusions: increasing the level of awareness of participants in civil law disputes about current trends and tools for the administration of justice contributes to the development of the institution of civil proceedings, as well as contributes to increasing transparency and increasing the degree of trust of citizens in the judicial system as a whole.


2017 ◽  
Vol 6 (1) ◽  
pp. 10-15
Author(s):  
Beate Vomhof
Keyword(s):  

Zusammenfassung. Die Zusammenarbeit mit Eltern wird in Bildungsplänen und Kompetenzbeschreibungen als professionelle Aufgabe frühpädagogischer Fachkräfte definiert. Um einen Paradigmenwechsel anzuzeigen, verwenden zahlreiche Autoren inzwischen nicht mehr den Begriff Elternarbeit, sondern sprechen von Bildungs- und Erziehungspartnerschaft. Doch wird die Kooperation tatsächlich partnerschaftlich umgesetzt? Um der Forschungsfrage nachzugehen, welche handlungsleitenden Orientierungen frühpädagogische Fachkräfte in der Zusammenarbeit mit Eltern im Kontext kompensatorischer Sprachfördermaßnahmen haben, werden neun Fälle (die aus sechs Interviews und zwei Focus Groups generiert wurden) anhand der Dokumentarischen Methode interpretiert. Es zeigt sich, dass die Förderkräfte auf der Ebene der Einstellung die normativen Setzungen um Partnerschaftlichkeit teilen. Die Rekonstruktion der impliziten Wissensbestände offenbart jedoch, dass die Kooperation hierarchisch und teilweise als Machtbeziehung konstruiert wird. Es lässt sich eine grundlegende Diskrepanz zwischen den expliziten und den impliziten Orientierungen rekonstruieren, die sich als Differenz zwischen Norm und Habitus zeigt.


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