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Meccanismi inappropriata per controversie

  • Note di Apprendimento
  • Revisione degli argomenti
    Charles M.
    GB
    Charles M.

    The adversary system of trial is nowadays an inappropriate mechanism for dispute resolution. The problems with the system include: • Parties could be more hostile, face higher costs and suffer hardship from lengthy delays. • The judge does offer the parties assistance. • The system focuses on winning and may distort the truth. • Witnesses may be bullied and mislead by persuasive lawyers. • Witnesses have to respond to questions and have not to tell their own version of what happened. • Expert evidence could be unduly relied upon. • Not all evidence may be relied upon. • The truth may not be reached. • The system thinks each party has equal strength, legal resources and funds. • The trial could be far too long and boring. • The paperwork could be too much for the staff. • Costs are not usually fully recovered. To overcome the problems of the adversary system of trial the following ideas are being considered: • Extend the use of ADR. • Insert ADR into contracts. • Increase the use of legal centers. However there are areas where ADR is not appropriate. The main areas are where: • The court judgment is needed as a precedent. • The powers of the court to make interim orders are important. • The client has a very strong case. • The law is very complex. • The facts are very complex. • There are many parties to the action. • There is great animosity between the parties.

    Nöelle L.
    IE
    Nöelle L.

    If a civil Dispute is better to be out-of-Court settlement than taken It to Court as It could take up to 3 to 4 years for the case to be Herd, where as both Parties like the plantiff and defendent, have a Lot of expenses where the plantiff pays 50% of the Court Costs and the defendent pays 50% but if Any of the Parties lose they have to Pay the Full Costs of the Court Hearings.

    Peter Awuni A.
    GH
    Peter Awuni A.

    What are the effects of the adversary system

    Louis M.
    ZA
    Louis M.

    Can be 1-2 years prior to setting date for trial, which can mean a 4-year delay overall for some

    Joseph S.
    UG
    Joseph S.

    se Adversary system: Two opponents who disagree engage in correspondence. This leads to frustration, and invariably litigation follows. Pre-trial steps assist to achieve an out-of-court settlement (OCS), but the mere issue of a writ is not always a solution (discovery: all documents disclosed but can be complicated and costly). The role of parties and legal representatives is to advocate claims are one-sided and non-objective. Goal is to 'win at-all-costs'. Effect Delays: Length of pre-trial stage (eg 3 years) means increased cost, lack of motivation/interest as well as being inconvenient. Can be 1-2 years prior to setting date for trial, which can mean a 4-year delay overall for some. Backlog is too big; the process is too slow. Costs: Steps produce time-consuming process (increases legal representation costs). Even if successful, plaintiff may not recover all costs (only 50-80% of costs). Complexity: Discovery stage is too time-consuming. Difficult preparation and analysis. Reforms: Expand use of ADR techniques and forums (negotiation, arbitration and mediation). Extend compulsory inclusion of ADR clauses into contracts. Expand centres for commercial dispute resolution (eg State Insurance Office Centre - consumer disputes).

    Joseph S.
    UG
    Joseph S.

    what should be done in a Inappropriate mechanisms for dispute-resolution Nature in The adversary system

    Primrose C.
    BS
    Primrose C.

    The two mechanisms for dispute-resolution are (1) The adversary system resulting in dissatisfaction with the traditional method of dispute resolution. Due to this system, and what it can manifest and it's results such as cause, effect, cost. and complexity the system is looked at as an ineffective justice.

    Sione Siotonu F.
    TO
    Sione Siotonu F.

    Inappropriate mechanisms for dispute-resolution should be reforms by using Negotiation,arbitration and mediation,to save up time and cost.

    Queenielyn C.
    JP
    Queenielyn C.

    Inappropriate mechanisms for dispute-resolution Nature The adversary system: dissatisfaction with traditional method of dispute resolution exists because it can be inappropriate for effective justice. Cause Adversary system: Two opponents who disagree engage in correspondence. This leads to frustration, and invariably litigation follows. Pre-trial steps assist to achieve an out-of-court settlement (OCS), but the mere issue of a writ is not always a solution (discovery: all documents disclosed but can be complicated and costly). The role of parties and legal representatives is to advocate claims are one-sided and non-objective. Goal is to 'win at-all-costs'. Effect Delays: Length of pre-trial stage (eg 3 years) means increased cost, lack of motivation/interest as well as being inconvenient. Can be 1-2 years prior to setting date for trial, which can mean a 4-year delay overall for some. Backlog is too big; the process is too slow. Costs: Steps produce time-consuming process (increases legal representation costs). Even if successful, plaintiff may not recover all costs (only 50-80% of costs). Complexity: Discovery stage is too time-consuming. Difficult preparation and analysis. Reforms: Expand use of ADR techniques and forums (negotiation, arbitration and mediation). Extend compulsory inclusion of ADR clauses into contracts. Expand centres for commercial dispute resolution (eg State Insurance Office Centre - consumer disputes).

    Christey W.
    US
    Christey W.

    Their are two inappropriate mechanisms for dispute-resolution and they are adversary system and delays. The adversary system is dissatisfaction with the traditional method of dispute resolution it can be inappropriate for effective justice. The delays are length of pre-trial means increased cost, lack of motivation and interest. The backlog is too big and the process is too slow.

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