POLS 3130 Chapter Notes - Chapter 3: Privative, Microsoft Onenote, Alternative Dispute Resolution
11 Dec 2015
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Whole host of reasons why a dispute may not escalate into a legal one: Socially constructed norms may militate against taking a dispute farther. Some individuals/organizations may choose to put up with their grievances. Some may not have the financial means to engage in a legal fight. Models of judicial process in common law courts: (see below for columns" definitions) Strict rules of standing, mootness, ripeness & political questions that make access difficult. Number of parties and role of the judges. Focusing on solving problems of the litigant and building relationships. Four key aspects of judicial process predicated on normative assumption that the proper and legitimate role of courts is to resolve disputes - not solve underlying problems or make policy. They do not adjudicate disputes that are hypothetical/no longer exist/involve a disagreement that is not legal in nature. Legal dispute involves 2 parties where judge acts as passive referee making decisions on basis.
