LAWS 1000 Lecture Notes - Lecture 9: Domestic Violence, Alternative Dispute Resolution, Arbitration
10 Aug 2016
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Document Summary
Adr is talked about in the context of civil disputes (divorce, custody disputes, tort). 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. 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. Rather than punishing someone you try and get things back to before the victimization happens. 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. Parties may have a relationship that is ongoing even after the trial.
