Alternative Dispute Resolution In The Canadian Criminal Justice System
Submitted By kmarra189
Words: 2628
Pages: 11
Canada’s justice system is very well constructed and has the ability to solve many conflicts between two or more parties. The justice system has been around for a long time, it has not been until recent years that different forms of dispute resolution have been incorporated into the justice system. One in particular is the concept of Alternative Dispute Resolution (ADR). Arguments are inevitable, and happen no matter who you are or where you live. Arguments are a way to help solve misunderstandings between others. In time there may be an argument that erupts that leads two parties to court in order to resolve the problem. In going to court, both parties are represented by lawyers, are given a court date and depend on a judge to make the final decision. Going to court can be both costly and time consuming for both parties. To avoid both, Canada as a society has come up with another way to solve problems, that tactic thought up is known as ADR. ADR allows individuals who are involved in a dispute to try and go through stages of dispute resolution without going to court. By using ADR, the Canadian Criminal Justice System cannot only benefit from it, but also it can learn from it. The steps used by ADR are clear and understandable, they not only allow for better understanding of the parties involved, they make sure both parties are heard before the final decision is made. Therefore, the criminal justice system should move towards an increased use of ADR as a dispute resolution tactic alongside the traditional adversarial system. Throughout this essay I will discuss the nature and content of ADR, and evaluate the key arguments in both favor and opposed to ADR. This paper will ultimately propose the adaption of a hybrid system composed of elements of both the adversarial system and principles of ADR.
Alternative Dispute Resolution, more commonly known, as ADR is a form of problem solving that takes place outside of the regular justice system. Some aspects to ADR are that it is another way for two parties to solve their dispute without having it go to the court system. ADR works with the parties to ensure that the conflict they are in becomes resolved in a relatively quickly manner. ADR can be understood as a consisting range of processes that are accompanied by traditional legal approaches (V&N). In other words ADR tries to diverge individuals to coming to this alternative
The four key practices in ADR are negotiation, mediation, arbitration and adjudication. These four steps show a process in which argumentative parties can take to when trying to resolve a conflict; the first step the parties can indulge in is the process of negotiation. Negotiation only involves the two parties which then they discuss among themselves what the plan of action will be when it comes to deciding a specific outcome. For instance if one of them hit the others car while parked, a negotiation would be discussed when it came to who would pay the damages to the vehicle. The second approach is the concept of mediation. This tactic is used when two parties cannot reach a specific agreement. In doing so, a neutral third party enters the dispute to regulate conversation and to hear both sides of the story. The job of the mediator is to listen to the information told by both parties and to not engage or forthwith any input in any way towards the final decision. The third approach taken when it comes to ADR is the idea of arbitration. Arbitration can either be seen as binding or non-binding towards the parties involved. When a dispute is happening, a third party is called in to make the final decision. The parties have the ability to go along with what the third party suggests, or they can go in the opposite direction and completely dismay what is offered to them and try another decision making process.
Once the processes of ADR have been exhausted it then goes to adjudication. Adjudication is the absolute last possible way to get a dispute resolved.
Related Documents: Alternative Dispute Resolution In The Canadian Criminal Justice System
Ethical Issues Simulation Paper Mary Lou LAW 421 April 27, 2015 John Arnold Addressing International Legal and Ethical Issues Simulation Paper When conducting business internationally there are numerous legal and ethical issues that can occur. It is important to understand the issues that may arise and how to resolve them quickly. Potential issues that may arise when conducting international business for a company such as CadMex are selecting local counsel, understanding foreign laws, and dispute resolutions…
Business Law Term Paper Legal Analysis of Dating Site User Agreement Chosen Site: eHarmony BUSI 2601B Dr. G. Levasseur March 8th, 2015 Table of Contents I Executive Summary 1 II Introduction 3 Overview and Objectives: 3 Methodology: 3 Business Relationship: 5 III Clausal Description and Explanation 6 Document 1: Privacy Policy (3 pages) 6 Document Two: Terms of Service (five pages) 18 IV Application of Legal Principles 32 V Lessons Learned, Recommendations and Example Scenario 46…
Law Opinion Paper CJA/224 November 8, 2011 Bobby Sheppard Law Opinion Paper The United States of America didn’t become the best country in the world from one day to another; our country went under a lot of planning and construction of different ideas. Our countries’ organization is a result of our creation of laws and our criminal system. The creation of laws must have taken many disputes and time to create and up to today we are still working on making it just and adjusting laws to the…
Role and Functions of Law Paper Amanda (D’Ambra) Duncan LAW/421 – Contemporary Business Law November 11, 2013 Aretha Somerville University of Phoenix Society can be viewed in several different ways and it really depends on each individual and their perspective toward society. Not everyone’s right or wrong is the same and some may think things are the right way when other does not. When it comes to the law, despite people’s feelings or opinions, the laws and U.S. Supreme Court decisions…
Section 4: Responding to Concerns: Allegations and Disclosures of suspected abuse 4.1 Responding to Disclosure, Suspicions and Allegations The following action should be taken by anyone who has concerns about the welfare of a young person both in the sporting environment or the home or other settings. If a young person says or indicates that he/she is being abused, or information is obtained or observations are made which give rise to concerns that a young person is being abused, you must…
Criminal Law There are many civil disobedience accounts going around nowadays the most common one that you hear of and see all over the news, in magazines is guns how the government wants to control the guns that Americans can have in America and what types they can have. There are many Americans that go against this law where they get guns that are not allowed but yet they get the guns that are allowed. With the government trying to control and take away the guns from the American people will cause…
The cause is due to the undesirable behaviors that do not follow what is acceptable in the societal setting. The imposition can be a penalty, confinement, fine or denial of the pleasant thing. If the punishment is carried out in the system of the law is called formal punishment and if administered within the families is called Informal punishment. If the impositions are not legal or rather do not follow the set rules, it is considered as breaking the rule, which may be because of malice and revenge…
Music Law I: Unit 2 – Introduction to Contract Law WHAT IS A CONTRACT? “An agreement between two or more persons which creates an obligation to do or not to do a particular thing.” (Black’s Law Dictionary) ELEMENTS OF A VALID CONTRACT There are five elements which must be present in any valid contract: • Two or more (legally) competent parties. o The parties can be complete idiots and still be legally competent. o Minors are not legally competent, but may still enter into binding commercial contracts…
SECURITIES REGULATION OUTLINE PART ONE: RAISING CAPITAL I. SECURITIES REGULATION OVERVIEW A. Goals of Securities Regulation: The goals of securities market focus on the issuance of securities. These laws are all about disclosure. Investors need information. They are not able to kick the tires or to squeeze the fruit to test the product. So they need to make an informed decision when buying the product – a future stream of earnings. Nearly 84 million Americans (43.6%) of the US own some sort…
Inquiry Skills 26 February 2014 Sonya’s Law Recently a new law was created, called Sonya’s Law, also known as the ultrasound law, that is spreading throughout the United States, which is requiring women to undergo an ultrasound prior to having an abortion. Twenty-three states have already adopted this new law. There is currently an ongoing debate in many states on whether this law should be accepted or not, and recently, Virginia has revoked the ultrasound law. It may be argued that determining the…