PACS202 Lecture Notes - Retainer Agreement, Collaborative Law
4 Sep 2013
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Point: if the mechanisms such as negotiation, mediation, hybrid or arbitration doesn"t work, you go to adjudication. Adjudication: does not always resolve all the conflict. It"s the last place that resolution should comes from2. Private adjudication - arbitration: rules set by the disputants themselves, case controlled by agreement of disputants. Public adjudication - legal system: rules set by society, case controlled by the system . Addressing a legal conflict between disputants (civil dispute primarily: duty, breach, harm, no excuses or defenses, present proofs, arguments. Fact: to a neutral third party, power, binding decision, based on objective standards set by society. Trier of fact (judge, jury) is neutral, impartial and objective. Adversarial relationship between parties: poisons relationships, all relationships become worse after the court case. Procedural rules set by legislature and court. Substantive rules (law) set by legislature and precedent. A fair process will lead to a right result: difficult to know what actually happened.
