By Albert Fiadjoe
This publication highlights the large shift within the conventional preparations for the supply of civil justice within the Commonwealth Caribbean, from litigation to substitute dispute answer (ADR) procedures. over the past area of a century, a lot studying has taken position with regards to ADR and the literature at the topic is now voluminous. This ebook places ahead the thesis that the strange studies of the constructing global should aid reshape our conventional notions of ADR. moreover, the influence of globalisation at the constructing global has introduced with it certain and bizarre demanding situations to our notions of civil and felony justice which aren't replicated in other places. This e-book will attract a large readership. The criminal career, scholars of legislations and politics, social scientists, mediators, the police, nation officials and the general public at huge will locate its contents of curiosity
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Extra info for Alternative Dispute Resolution: A Developing World Perspective
The disputants and their counsel present their cases to the evaluator, who then provides an opinion about the likely outcome of the case were it to proceed to arbitration or trial. This opinion may be presented to the parties jointly or, instead, privately to each party. Unlike a pre-trial conference, ENE usually occurs early in the dispute, generally upon the filing of the response. 9 Even where a settlement fails, it is said that ENE is useful because it helps the parties to establish time limits for the administration of the case.
That evidence is the summary of the case for each party. Attorneys may present closing arguments based on the abbreviated evidence. 11 Two good overviews of court annexed arbitration are Hensler, DR, ‘Court-ordered Arbitration: An Alternative View’ (1990) University of Chicago Legal Forum 399; and Meierhoefer, BS, Court-Annexed Arbitration in Ten District Courts, 1990, Federal Judicial Center. For a good description of the CAA program in the Eastern District of Pennsylvania by one of its senior judges, see Broderick, RJ, ‘Court-annexed Compulsory Arbitration: It Works’ 72 Judicature 217–25 (December–January 1989).
The office of the ombudsman is the most logical one to double up as both a small claims court and a human rights commission. Cases of a limited jurisdiction may be assigned to the ombudsman on the understanding that the ombudsman’s decision would be final. This would be akin to the lay magistracy system in Belize. The ombudsman would determine such cases using basic common sense and rules of fair play. CONCLUSION In conclusion, this chapter has sought to highlight a few critically important points about ADR.
Alternative Dispute Resolution: A Developing World Perspective by Albert Fiadjoe