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PACS 202 (100)
Lecture

Adjudication

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Department
Peace and Conflict Studies
Course
PACS 202
Professor
Betty Pries
Semester
Fall

Description
Adjudication Adjudication  Point: if the mechanisms such as negotiation, mediation, hybrid or arbitration doesn’t work, you go to adjudication o Does not always resolve all the conflict o It’s the last place that resolution should comes from2  Private adjudication - arbitration o Rules set by the disputants themselves o Case controlled by agreement of disputants  Public adjudication - legal system o Rules set by society o Case controlled by “the system”  Addressing a legal conflict between disputants (civil dispute primarily) o Duty o Breach o Harm o No excuses or defenses o Present proofs o Arguments  Law  Fact o To a neutral third party o Power o Binding decision o Based on objective standards set by society  Law  Common sense  precedent Overview of adjudicatory system  Trier of fact (judge, jury) is neutral, impartial and objective  Adversarial relationship between parties o Poisons relationships o All relationships become worse after the court case  Procedural rules set by legislature and court  Substantive rules (law) set by legislature and precedent Philosophical Under Girding Principles  A fair process will lead to a “right” result o Difficult to know what actually happened  Justice is what can be proven o Not necessarily what may have happened  The interest of society in stability trumps the interest of individuals o There is a stability of society that is at stake o This conflict is over at a particular time  Law functions “going forward, looking backward”  Common law evolves as custom changes  Money is the solution to most civil wrongs Legal Adjudication  Dispute Resolution Process o Judge above the fray o Procedural rules o Substantive rules o Litigotiation o Regulate activity of the case Adjudication S
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