ipl-logo

Disadvantages Of Adversarial Court System

771 Words4 Pages
bulb-icon

Recommended: The advantage and disadvantages of alternative dispute resolution

QUESTION ONE (1)
A) The activity of Alternative Dispute Resolutions is continuously being replaced with litigation. To define Alternative dispute resolution, it can be said to be any method of resolving disputes without litigation (Good, 1987) such as arbitration, mediation, or negotiation. Or Alternative Dispute Resolution (ADR) is resolving conflicts or disputes without always concerning a court docket movement (Albert, 1992).
Adversarial court system works to solve legal cases in a court where each parties involved in the case have advocates or lawyers against another with a judge to see to it that all rules are followed and everything goes on well. (Sword, 1984)
In discussion, I will like to state the characteristics of both Alternative …show more content…

The Adversarial Court system also has certain attributes which are as follows:
1. There is a neutral decision maker.
2. There is a presentation of arguments and evidence.
3. Both parties are given the chance to argue their case.
4. Parties have to right to be represented by a lawyer.
This was supported by Barn (1985).
These are some advantages and disadvantages of ADR.
Advantages Disadvantages
Cheap, some are completely free. ADR is not always inexpensive, and can be as expensive as court action.
Quick, many cases can be resolved in a matter of weeks, or even days. Not all forms of ADR are quick, in fact some forms of ADR require a client to pass through many stages before judgment.
Informality is preferred by many clients. There can be too much informality.
Clork and David (1990)
These are advantages and disadvantages of Adversarial court system.
Advantages Disadvantages
It is seen to be fair. It obliges each party to contest with each other.
It protects the rights of both parties. It processes are tedious.
It does not promote bias. It is expensive compared to ADR.
Canagem (1999)

B) There are three types of Alternative Dispute Resolution. They are negotiation, mediation and …show more content…

Conciliation
The practice of bringing together the parties in a dispute with an independent third party, so that the dispute can be settled through a series of negotiation. (businessdictioary)

Advantages Disadvantages Cheaper option than litigation Heavily relies on skills of conciliator
Private and confidential process The process could be considered too informal so parties may not take it seriously
Identifies and clarifies main issues in dispute. Parties may feel the conciliator is not neutral and may not lead to a resolution
Guide book on conciliation (1999)

To conclude, I will suggest it be best for the dismissed project manager and my client to use the conciliation method because comparing all three ADRs, in conciliation, there is a trained, impartial person to help make the final dicision.it is less expensive and also save the relationship between the Ghana government and both my client and the project manager. It is also a Private and confidential

Show More
Related

Analysis Of The Return Of Martin Guerre By Natalie Zemon Davis

1354 Words | 6 Pages

Although the judicial system was different in several ways, it outlined how we prosecute and defend people in modern court

Read More

Research Paper On Missouri Compromise

575 Words | 3 Pages

Erin Rall History 113 Professor Townsend 11/14/15 Missouri Statehood: Compromise or Conflict According to Oxford Dictionaries, compromise is defined as an agreement or a settlement of a dispute that is reached by each side making concessions (Oxford University Press). Although compromise is usually the best solution to resolve a conflict, it does not always work.

Read More

Pros And Cons Of The Federal Justice System

105 Words | 1 Pages

I believe that the federal justice system is just and unbiased. The federal justice system has guidelines and rules to keep them from using power improperly and targeting groups of people based on their race. This is talked about in article “Is the Criminal Justice System Racist”. There are statistics given pertaining to the prison sentences given to African Americans, prosecution during a felony trial, and crime/prison rates.

Read More

Dual Court System

635 Words | 3 Pages

The court structure in the United States is comprised of a dual court system. The dual court system consists of “one system of state and local courts and another system of federal courts” (Bohm & Haley, 2011, p. 274). Although the system has a separate court system for state and federal court, they do connect in the United States Supreme Court. Each court has various levels of jurisdiction to hear and make decisions over cases (Bohm & Haley, 2011).

Read More

The Constrained Court

429 Words | 2 Pages

Courts prove unsuccessful in achieving social change due to the constraints on the court’s power. Rosenburg’s assessment that courts are “an institution that is structurally challenged” demonstrates the Constrained Court view. In this view, the Court’s lack of judicial independence, inability to implement policies, and the limited nature of constitutional rights inhibit courts from producing real social reform. For activists to bring a claim to court, they must frame their goal as a right guaranteed by the constitution, leading to the courts hearing less cases (Rosenburg 11). The nature of the three branches also creates a system of checks and balances in which Congress or the executive branch can reverse a controversial decision, rendering the Court’s impact void.

Read More

12 Angry Men Interview Analysis

1139 Words | 5 Pages

No. 8: I think that the jury system we have today has its own advantages and disadvantages. For example, a jury that consists of jurors who are biased could be manipulated by ‘outsiders’ through bribery or some jurors, as we have discussed before, might have some personal prejudices/beliefs that may affect their decision making. But there are some advantages as well because the decision that is made by the jury is thought out very carefully by a group of people. Interviewer: [gathers all his papers]

Read More

Pros And Cons Of Due Process

245 Words | 1 Pages

But also it helps ensure that the rights of the parties are protected. Con: it can take a long time to work your way through. When you hear pros and cons of due process, they are not talking about food or stem cell research. What is being referred to is the legal system, as cold as it may seem. To be bluntly honest, there are no cons when it comes to the legal system, but the main pro is justice and fairness.

Read More

Advantages And Disadvantages Of Specialized Courts

420 Words | 2 Pages

Specialized Courts Specialized courts are commonly known as the problem-solving courts that promote positive reinforcement, support behavior modification, decrease victimization, and reduce recidivism. Examples of specialized courts include drug court and mental health courts. A community might benefit from establishing a specialized court such as a drug court because it follows a comprehensive model that concentrates on reducing criminal actions through treatment and rehabilitation services with the focus being on substance abuse addiction and identifying the cause without jeopardizing public safety and due process (Specialized Courts, 2013).

Read More

Strengths And Weaknesses Of The Civil Justice System

715 Words | 3 Pages

Among the most popular reforms were, Pre-Action Protocols, Part36, Judicial Case management and Alternative Dispute Resolution. The overriding objective of the reforms as introduced by Lord Woolf was enabling courts to deal with the cases justly and proportionately. Pre-Action protocols can be considered as one of the most significant innovations of Woolf Reforms. The purpose of these is to encourage exchange of early information about the claim so that litigation is avoided.

Read More

Story Of A Good Little Boy Analysis Essay

742 Words | 3 Pages

In Mark Twain’s short story “The Story of the Good Little Boy” he describes a little boy being good by trying to make the bad little boys became good resulting in himself being bad. Twain's real name is Samuel Clemens and he worked at many jobs when he was eleven to help support his family when his father died. He was trained to be a steamboat pilot on the Mississippi River and piloted boats professionally. This story is about Jacob Blivens who always obeys his parents and was a good boy who studies books and school. His Sunday-school book is his guide to became a good little boy when he tries to help the bad little boys to become good but it always got him in trouble.

Read More

Trial By Jury Advantages And Disadvantages

1472 Words | 6 Pages

In this paragraph, the advantages and disadvantages of trial by jury will be discussed. The main advantages are that juries introduce community values into the legal process and can influence the system (Joyce, 2013); they can achieve a sense of equity and fairness without enforcing unjust laws; in addition, juries are independent and neutral (Davies, 2015). Moreover, they guarantee participation from the public in a democratic institution (Hostettler, 2004), and represent the population thanks to the randomness with which jurors are decided (Davies, 2015). On the other hand, the most important disadvantages are that jurors have no prior contact with the courts, no training (Hostettler, 2004) and therefore they lack knowledge of law, courtroom proceedings (Joyce, 2013), and lack of ability to understand the legal directions (Thomas, 2010). Moreover, they must face evidence which is highly technical (Hostettler, 2004).

Read More

Advantages And Disadvantages Of The Common Law System

1268 Words | 6 Pages

The law is meant to provide justice to people. So the main advantages of the common law system is that it is consistent, adaptive, equal and independent. Consistency is achieved through the precedent as the base for the decisions, not the personal attitudes of the judges. The parties, involved in the process, are expecting that their case would be decided as the similar one, it creates certainty in getting equal justice and stability. Precedents are usually developed in the higher courts by the senior

Read More

Morton Deutsch's Theory Of Conflict Resolution

1011 Words | 5 Pages

Conflict resolution as a field of study as indicated has formed hypothetical bits of knowledge into the nature and source of conflict and how conflicts can be resolved through peaceful systems to effectuate a dependable settlement. Morton Deutsch, was the first to form and understanding into the helpful results of collaboration as a scholastic enquiry. In his view, various variables like the way of the debate and the objectives every group in a conflict goes for are crucial in deciding the sort of introduction a group would convey to the negotiation table in its endeavor to unravel the conflict (Morton Deucth, 1985, p.24). To him, two essential orientations do exist. These are competitive and cooperative.

Read More

Technology In Law

1519 Words | 7 Pages

Public Defenders are court appointed trial attorneys who usually represent the poor and underprivileged. Public Defenders face an ethical dilemma due to the fact that they are being overworked with massive caseloads. A Trial Attorney has a responsibility to their client to give them the best quality of representation that they can offer. If a Public Defender is forced by the state department to take on a massive caseload then they will most likely be able to offer the adequate level of quality their client deserves (Baxter, 2012). The use of technology could help to solve this problem with the integration of technology in the courtroom.

Read More

John Galtung's Theory Of Conflict Analysis

1038 Words | 5 Pages

John Galtung recommended that conflict could be observed as a triangle, with contradiction (C), attitude (A) and behaviour. He explained that all three aspects must be there in a full conflict condition. Contradiction is an important factor of a conflict which mentioned through the parties, their intentions and the clash of interests between them. Attitude comprises the parties’ views and misunderstandings of each other and of themselves. Behaviour is the third factor which can involve coercion or cooperation, gestures defining conciliation or hostility.

Read More

More about Disadvantages Of Adversarial Court System

Related Topics

Open Document