By Albert Fiadjoe
This booklet highlights the large shift within the conventional preparations for the supply of civil justice within the Commonwealth Caribbean, from litigation to replacement dispute solution (ADR) tactics. over the past zone of a century, a lot studying has taken position with regards to ADR and the literature at the topic is now voluminous. This e-book places ahead the thesis that the abnormal reports of the constructing global should support reshape our conventional notions of ADR. additionally, the effect of globalisation at the constructing international has introduced with it detailed and weird demanding situations to our notions of civil and legal justice which aren't replicated in other places. This e-book will entice a large readership. The criminal 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
29 The Institute was very much at the advisory stage of its work but the general thinking was that it should move towards a system of court facilitated ADR and that this should be supported by some form of legislation that gives the judge the discretion to offer ADR to the disputants. This would be consistent with the multi-door approach to litigation whereby all possible avenues of a resolution remain open to the parties. ADR will then turn out in its new garb of appropriate dispute resolution.
In order to achieve these aims, three things ought to happen. First, the present lawyer-driven litigation management process needs to be changed to a system of judge-driven case management. Secondly, the court management process needs to be improved and, thirdly, the standards of the Bench and Bar need to be raised. In the OECS states, there is a quiet ongoing revolution taking place along these very lines. This systemic change requires a complete transformation in the culture of litigation, as it is known today.
That question is addressed later in this chapter. ADR encompasses a spectrum of several different processes – from negotiation, to non-binding third party intervention (such as mediation), to binding third party intervention (such as arbitration). As noted by WD Brazil, the debate over the introduction of ADR revolves around the notion that: One of organized society’s most fundamental responsibilities is to provide means by which people can resolve disputes without violence. In other words, providing effective dispute-resolution processes is an essential public responsibility.