LAWS 1000 Lecture Notes - Lecture 9: Domestic Violence, Alternative Dispute Resolution, Arbitration

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10 Aug 2016
Department
Course
Professor
Law
Nov 15
Adr & Restorative justice
-adr is talked about in the context of civil disputes (divorce, custody disputes, tort). Between individuals
-restorative justice is talked when speaking of criminal justice
-the link between the two is problem . Less about treating as equal but as treating them differently
-offenders that are satisfied and accept the consequences of their action will be less likely to commit
crime again.
-find the root of the problem
-Practical reasons: the courts have to see too many cases and people pay too much money. ADR diverts
some cases out of the formal justice system. This helps both ways since formal system becomes more
efficient and the small conflicts will be solved quicker.
Everybody wins?
-unequal access=high cost
-everyone involved is unhappy with the results
Restorative justice
-rather than punishing someone you try and get things back to before the victimization happens.
-the state is still always involves predominantly
-attention is focused on offender
What is adr?
-alternative dispute resolution
-it is far less costly for parties and justice system.
-civil dispute = 2-3 years before you get into court
-adr has no formal rules of evidence, or questions
-the court is highly ritualized. It promotes an adversarial attitude.
-parties may have a relationship that is ongoing even after the trial. Resolution will help both people.
Negotiation Mediation Arbitration Adjudication
[---------------------------|--------------------------------------------|---------------------------------------------------}
Informal to formal
Cheap to costly
Control to less control
Role of the state increases
Private to public
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