Fermé

DISSERTATION

Dissertation of 7,500 words on " ALTERNATE DISPUTE RESOLUTION: IS IT A STEP TOWARDS PRIVATISATION OF JUSTICE?"

1) Explain about the current Justice system in the nation. What is Litigation and what are the complexities involved in its entire process would be [url removed, login to view] of number of cases on Courts and time factor. How the litigation complexities led to the evolution and favourability of ADR - types, advantages and disadvantages would be discussed.

2) Prominent ADR being used in the nation would be discussed - exact nature and its usage in current scenario around the world. Comparison would be drawn between ADR and Litigation Court procedure - Benefits of ADR and how it is a driving force for people to use it frequently?

3) Evidences - how can they be manipulated and fabricated for use? [ADR]

4) Importance of ADR for crucial and confidential information that cannot be discussed and argued in Courts openly as it would cause problems when related to IPR, Family Law, Technological issues , secret trade information - Disclosure in open; potential problems because of disclosure and confidentiality issues;

5) In-camera proceedings vs ADR methods - difference?

6) Experts and Judges - competence - working together in cases in Litigation Court procedures would involve more people thereby ultra vires the Confidentiality and Disclosure; But not always favourable - ADR - allows parties to have greater control of proceedings such as appointment of adjudicators, language, place, rules/laws to be followed, awards etc - potential control over the way the proceedings are being conducted. Have a justice through a process that best suits their needs - this level of autonomy can give the parties to the dispute a “high level of control” to customise details in terms of issues considered, documents/evidences used etc.

7) Freedom of parties to select a way of resolving a dispute may not always fit well with basic concepts of justice.

8) Different arenas of law would also be discussed - family law, criminal law, IPR etc. - how it is/is not beneficial to use ADR at times in matters to related to these areas of law? How the law related to these areas would be developed if the matters are adjudicated through different processes of justice?

9) Civil justice requires decisions based on principles of law - objective and open justice and accountability; whereas frequent use of ADR can undermine the development of legal principles in common law which are generally based on precedents.

10) Advantages of ADR: lower cost, speedy settlement; control over the process; choice of forum; flexibility; confidentiality; Problem solving approach; reduced risks; party satisfaction as related to the outcome of the proceedings (higher level of satisfaction wit successful outcome because parties have been involved in agreeing the outcome and were more in control of the process as oppose the process of litigation).

11) Disadvantages of ADR: If used inappropriately can increase the expenses; additional delay in deciding the conduct of the proceedings; loss of potential strategic use of procedural steps (pre-action protocol or injunctions for example); loss of potential advantages of evidential rules (disclosure and inspection of evidences);

12) Significant cross roads in relation to the delivery of civil justice - Privatisation of justice through ADR because of lot of autonomy in the hands of parties in deciding the entire case proceedings - Comparison between world states followed by conclusion.

No Plagiarism and need case laws and journal references as many as possible.

Oxford Style Referencing needed. Knowledge of UK laws needed.

Compétences : Juridique, Recherche Juridique, Rédaction légale, Rédaction scientifique

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( 0 commentaires ) United Kingdom

N° du projet : #14671039

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