By Albert Fiadjoe
This booklet highlights the great shift within the conventional preparations for the supply of civil justice within the Commonwealth Caribbean, from litigation to substitute dispute solution (ADR) strategies. over the past zone of a century, a lot studying has taken position related to ADR and the literature at the topic is now voluminous. This ebook places ahead the thesis that the strange stories of the constructing international should aid reshape our conventional notions of ADR. additionally, the influence of globalisation at the constructing international has introduced with it specified and weird demanding situations to our notions of civil and legal justice which aren't replicated in different places. This ebook will entice a large readership. The criminal career, scholars of legislation and politics, social scientists, mediators, the police, kingdom officials and the general public at huge will locate its contents of curiosity
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Extra resources for Alternative Dispute Resolution: A Developing World Perspective
6 Private mini-trial The private mini-trial is usually used in complex commercial disputes between companies. The format may vary and can be determined by agreement between the companies. The essence is that a mini-trial usually involves the summary presentation of each disputant’s case before a panel consisting of decision makers from each of the companies and a neutral third party. The representatives of the companies often have not been personally involved in the dispute or attempts at settlement.
He contends that insofar as ‘critics claim that alternative dispute resolution is inimical to the rule of law, their analysis may be questioned’. His paper argues that these processes may be inimical to the rule of law of state adjudication, but ‘in accord with the rule of other laws’. 25 In response, Professor Woodman says that these criticisms generally compare ADR processes with adjudication in the regular state courts and that the scope of the debate is thus limited. He has some firm support from Galanter who states that ‘far more disputing is conducted within ...
But what is more, in the case of a failure to resolve the matter, it could lead to a situation where one side obtains an unfair advantage by being able to preview the other side’s arguments and witnesses. Additionally, this process may not be suitable to the type of dispute which depends, for example, on the credibility of witnesses. 7 Judicial mini-trial In some jurisdictions, such as the USA, the judicial system allows disputants to participate voluntarily in a judicial mini-trial. In that process, disputants’ lawyers present brief arguments to a judge, who will not be the judge if the case goes to trial.