10. Alternative Dispute Resolution

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

Do Parents Know Best?

While Article 5 of the UN Convention on the Rights of the Child requires states to respect parents’ responsibilities to provide ‘appropriate’ direction and guidance to their children, Article 18 also proclaims that ‘the best interests of the child will be [the parents’] basic concern’. But how can this be done if, as is widely accepted, the “best interests” standard is too indeterminate safely to allow courts to substitute their assessment of children’s interests for those of a child’s parents? This reason for privatising such decisions has been reinforced by concerns over the extent of public expenditure on court involvement in and legal aid for such issues, with the possible result of withdrawal of the law from this process. This article argues that there are inherent risks in leaving the arrangements for children of separating parents entirely in the hands of the parents, and considers various ways in which such risks might be reduced.

10. Alternative Dispute Resolution

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

Parity or Disparity? Outcomes of Court-Involved Youth With and Without Disabilities

Youth with disabilities are overrepresented in the juvenile justice system, but few studies have investigated the mechanisms by which this occurs. In this study, we considered how juvenile court adjudication and length of commitment in secure facilities contributed to disproportionality in court involvement and detention, addressing an important gap in the intersection of disability and juvenile justice literature. Using linked educational and juvenile justice records of 41,812 youth, we sought to ascertain whether, among juvenile offenders, youth with disabilities had higher likelihood of adjudication as delinquent or placement in secure facilities for longer periods of time compared to youth without disabilities. Results indicated that youth with and without disabilities were adjudicated and placed similarly, suggesting that disparities contributing to overrepresentation of youth with disabilities in detained populations may manifest earlier in youths’ involvement in the justice system. We conclude with implications for research, policy, and practice.

Courts' Involvement in the Electoral Process and Their Impact on Improving Election Quality in Nigeria

This study provides evidence of the increasing cases of post-election petitions and substantial court determinations of election outcomes in the Federal Republic of Nigeria. Since 1999, Nigeria has organised four cycles of national elections. Each of the elections was contested either in or out of court (in the latter case, for example, in the form of election violence). The courts, for their part, have been required to decide some 2 596 post-election petitions, which have continued to increase in every election year. This raises an important question as to whether the frequent court involvement has had a significant impact on election quality: What is the implication of the increase in election contestations in court for the independence of the judiciary, given the allegations of judicial politicisation? The study concludes that the courts’ involvement in electoral processes has not significantly influenced conformance with the electoral laws; instead, the judiciary has become politicised, while some court decisions have interfered with the powers of the electoral management boards tasked with ensuring that the conducting of elections is free and fair.

10. Alternative Dispute Resolution

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

10. Alternative Dispute Resolution

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

10. Alternative dispute resolution

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.