By Albert Fiadjoe
This booklet highlights the great shift within the conventional preparations for the supply of civil justice within the Commonwealth Caribbean, from litigation to substitute dispute answer (ADR) methods. during the last region of a century, a lot studying has taken position with regards to ADR and the literature at the topic is now voluminous. This ebook places ahead the thesis that the odd stories of the constructing international should support reshape our conventional notions of ADR. additionally, the influence of globalisation at the constructing global has introduced with it distinctive and bizarre demanding situations to our notions of civil and legal justice which aren't replicated somewhere else. This publication will entice a large readership. The felony career, scholars of legislations 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
Chapter 2: The ADR Spectrum 31 (b) Mini-trial Another hybrid process is the mini-trial, described under paragraphs 6 and 7 above. This hybrid is used primarily in large corporate litigation. This is a hybrid of negotiation, mediation and case evaluation. Used primarily in businesses, the minitrial has, as its philosophical basis, the realisation that mutual benefit may be gained by each corporation or company in resolving disputes without protracted litigation. Continued business dealings will enhance each company’s profitability.
The decision of the private neutral party is treated as a judgment of the court. A fee is normally payable to the retired judge. While this has led to the legitimate criticism that this type of process is only available to the rich and wealthy, 16 it is acknowledged that considerable savings result from the use of this procedure, compared with the usual litigation process. Other advantages claimed for this process are that the parties have the opportunity to pick their own judge, who may have special expertise in the area of the dispute and who can devote their full time to the dispute.
The advantages must be contrasted with the disadvantages, some of which were identified earlier, and which include the following: 18 Vidmar, N and Rice, J, ‘Jury-Determined Settlements and Summary Jury Trials: Observations About Alternative Dispute Resolution in an Advisory Culture’ (1991) 19 Fla St UL Rev, pp 89 and 98. 19 This statement needs to be qualified because the Alcalde’s Court in Belize, JP’s jurisdiction in Jamaica and magistrates’ courts in England all seem to be exceptions. 32 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Alternative Dispute Resolution: A Developing World Perspective cost; public nature of the trial, that is, no privacy except in the case of minors;20 delay in reaching a decision; relative uncertainty as to what the result will be; the rigidity of the trial process; compulsion to fit a case within the rules of pleadings; potential to destroy a relationship between the parties; parties have very limited control over the process; no choice in the selection of the judge; and no control over the outcome.