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 area of a century, a lot studying has taken position concerning ADR and the literature at the topic is now voluminous. This booklet places ahead the thesis that the unusual studies of the constructing international should support reshape our conventional notions of ADR. in addition, the impression of globalisation at the constructing global has introduced with it particular and bizarre demanding situations to our notions of civil and legal justice which aren't replicated in other places. This publication will entice a large readership. The criminal career, scholars of legislation and politics, social scientists, mediators, the police, country officials and the general public at huge will locate its contents of curiosity
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Additional info for Alternative Dispute Resolution: A Developing World Perspective
Such consumer credit claims, as well as simple debt cases, do not usually involve complex legal issues. Litigants should therefore be able to represent themselves on a do-it-yourself basis without the need for an attorney. 32 But that is a far cry from the establishment of a small claims court. The Jamaican legislation only deals with the commencement of small claims actions, service of small claims summons and transfer of small claims actions to regular sittings, but these are designed for the regular court proceedings.
At the end of the day, there is agreement with Menkel-Meadow27 that there are some larger issues of general concern in the introduction of ADR to the legal system. ‘In the end, truth is almost found on both sides. ’ 24 Woodman, G, ‘The Alternative Law of Alternative Dispute Resolution’ (1991) 32 Les Cahiers de Droit 30–31. See also Nader, L, ‘Disputing Without the Force of Law’ (1979) 88 Yale LJ 998; Young, R, ‘Neighbour Dispute Mediation: Theory and Practice’ (1989) 8 Civ Just Q 319. 25 Economides, K, ‘Small Claims and Procedural Justice’ (1980) 7 British JL & Soc 111; Delgado, R, et al, ‘Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution’ (1985) Wis L Rev, p 1359; Nailey, MJ, ‘Unpacking the ‘Rational Alternative’: A Critical Review of Family Mediation Movement Claims’ (1989) 8 Can J Fam L 61; Bush and Luban et al, ‘Defining Quality in Dispute Resolution: Taxonomies and AntiTaxonomies of Quality Arguments’ (1989) 66 Denver ULR 335–562.
Consequently, two hybrid processes called mediation/arbitration (med/arb) and arbitration/mediation (arb/med) have developed. In med/arb, the neutral third party begins the process in the role of a mediator. If the mediation does not result in a resolution, the mediation ceases and the mediator becomes an arbitrator, who then renders a binding decision. In an arb/med, the disputants present their cases to the neutral third party who, acting as an arbitrator, prepares a decision. The decision is not shared with the parties immediately.
Alternative Dispute Resolution: A Developing World Perspective by Albert Fiadjoe