By Albert Fiadjoe
This e-book highlights the large shift within the conventional preparations for the supply of civil justice within the Commonwealth Caribbean, from litigation to replacement dispute answer (ADR) procedures. over the past zone of a century, a lot studying has taken position concerning ADR and the literature at the topic is now voluminous. This e-book places ahead the thesis that the extraordinary stories of the constructing international should support reshape our conventional notions of ADR. in addition, the influence of globalisation at the constructing global has introduced with it exact and weird demanding situations to our notions of civil and legal justice which aren't replicated somewhere else. This booklet will entice a large readership. The felony occupation, scholars of legislation and politics, social scientists, mediators, the police, kingdom officials and the general public at huge will locate its contents of curiosity
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Extra resources for Alternative Dispute Resolution: A Developing World Perspective
Additionally, the proceedings may be more amicable than the trial process, thus helping to better preserve the relationship between the parties. Among the disadvantages are the following: (a) the proceedings may turn out to be costly in terms of time and money where the dispute is taken to trial de novo; (b) the parties could use the proceedings to claim an unfair advantage by obtaining a preview of the opponent’s case; (c) the process and results are private and so cannot be measured against objective standards of fairness; and (d) not all arbitrations are held to one standard in adjudication.
ADR covers a variety of devices which are not static. Indeed, they continue to expand as society gains a better appreciation of the nature of disputes. So, from the traditional methods of dispute resolution,1 society is reorganising more and more of those processes which attempt, first and foremost, to reconcile the interests of the parties. A rights determination and a power resolution are involved only as a fallback in case of a failure in reconciling interests. Many processes or devices claim a place under the chapeau of ADR.
At the beginning of the spectrum, the parties are in full control of the process. As we move from negotiation to mediation, we find that the process involves a neutral third party who does not have the power to impose a binding decision. By the time arbitration, administrative hearing or a trial is reached in the spectrum, a neutral third party makes a binding decision for the parties. These processes in the spectrum are often arranged to correlate with increasing costs and third party involvement, decreasing control of the parties over the process and, usually, increasing likelihood of having the relationship between the disputants deteriorate during and after the resolution of the dispute.