Disadvantages Of Adversarial Court System
QUESTION ONE (1)
A) The activity of Alternative Dispute Resolutions is continuously being replaced with litigation. To define Alternative dispute resolution, it can be said to be any method of resolving disputes without litigation (Good, 1987) such as arbitration, mediation, or negotiation. Or Alternative Dispute Resolution (ADR) is resolving conflicts or disputes without always concerning a court docket movement (Albert, 1992).
Adversarial court system works to solve legal cases in a court where each parties involved in the case have advocates or lawyers against another with a judge to see to it that all rules are followed and everything goes on well. (Sword, 1984)
In discussion, I will like to state the characteristics of both Alternative
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The Adversarial Court system also has certain attributes which are as follows:
1. There is a neutral decision maker.
2. There is a presentation of arguments and evidence.
3. Both parties are given the chance to argue their case.
4. Parties have to right to be represented by a lawyer.
This was supported by Barn (1985).
These are some advantages and disadvantages of ADR.
Advantages Disadvantages
Cheap, some are completely free. ADR is not always inexpensive, and can be as expensive as court action.
Quick, many cases can be resolved in a matter of weeks, or even days. Not all forms of ADR are quick, in fact some forms of ADR require a client to pass through many stages before judgment.
Informality is preferred by many clients. There can be too much informality.
Clork and David (1990)
These are advantages and disadvantages of Adversarial court system.
Advantages Disadvantages
It is seen to be fair. It obliges each party to contest with each other.
It protects the rights of both parties. It processes are tedious.
It does not promote bias. It is expensive compared to ADR.
Canagem (1999)
B) There are three types of Alternative Dispute Resolution. They are negotiation, mediation and
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Conciliation
The practice of bringing together the parties in a dispute with an independent third party, so that the dispute can be settled through a series of negotiation. (businessdictioary)
Advantages Disadvantages Cheaper option than litigation Heavily relies on skills of conciliator
Private and confidential process The process could be considered too informal so parties may not take it seriously
Identifies and clarifies main issues in dispute. Parties may feel the conciliator is not neutral and may not lead to a resolution
Guide book on conciliation (1999)
To conclude, I will suggest it be best for the dismissed project manager and my client to use the conciliation method because comparing all three ADRs, in conciliation, there is a trained, impartial person to help make the final dicision.it is less expensive and also save the relationship between the Ghana government and both my client and the project manager. It is also a Private and confidential
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