LAWS 1000 Lecture Notes - Lecture 2: Rights-Based Approach To Development
Document Summary
Society uses informal forms of dispute resolution when participating in violence, feuding, shaming as well as avoidance. Canada"s formal use of dispute resolution is seen in the canadian court. Action may be pursued based on cost-benefit analysis or based on desire to obtain justice. There are 2 prerequisites to arbitration: justifiability: viable for a trial, must be a mandated remedy, standing: must be a genuine interest in the dispute. However there are effects and limitation on the court: only settles the legal component of conflicts, fails to address the underlying cause of the conflict, costly and prone to delay. Mediation: a third impartial party is brought in and terms of settlement are worked out. Works as guide, not final decision maker: co-operation from both sides required. Mainly for community disputes and youth crime activity. Combo of both mediation and investigatory functions. Removes incentives for lawyers to make recommendations of litigation.
