Tribunals within the Justice System in Kenya: Integrating Alternative Dispute Resolution in Conflict Management

2019 ◽  
Author(s):  
Dr. Kariuki Muigua, Ph.D
Keyword(s):  
Conflict Management ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System

Alternative Dispute Resolution in Nigeria: an Emerging Trend

2021 ◽  
Vol 3 (5) ◽  
pp. 85-102
Author(s):  
Edim Isua
Keyword(s):  
Conflict Management ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Management Group

This paper establishes the fact that Alternative Dispute Resolution (ADR) is evolving in Nigeria. It highlights the growing acceptance of ADR mechanisms for resolution of conflicts in the Nigerian legal system. It talks about the origin and development of the concept of ADR, Arbitration institutions, the “Multi-Door” Courthouse (MDC), the Negotiation & Conflict Management Group (NCMG), ADR agreements, application of ADR mechanisms, as well as the limitations on the use of ADR in Nigeria. In all, this research is an eyeopener to the benefits of ADR in Nigeria and seeks to encourage its full use in the country.

The English Legal System

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Legal Services ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and funding legal services. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution. The final part looks to the future.

§ 278a ZPO als Schnittstelle zwischen Gerichtsverfahren und außergerichtlicher Mediation

2019 ◽  
Author(s):  
Clemens Bushart
Keyword(s):  
Conflict Resolution ◽  
Conflict Management ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Civil Procedure ◽  
Court Proceedings

Choosing the appropriate conflict resolution procedure is paramount to proper and effective conflict management. An important impetus for the choice of the most suitable procedure is provided by § 278a of the ZPO (Germany’s Code of Civil Procedure), which enables judges to suggest a range of out-of-court alternative dispute resolution procedures, including mediation. In this study, the author analyses the regulatory content of § 278a of the ZPO as well as the function and potential of the provision to act as an interface between court proceedings and extrajudicial mediation. Using the finding that judges rarely propose that litigants switch to extrajudicial mediation, the author empirically examines the reasons for the cautious application of § 278a of the ZPO and develops a set of comprehensive recommendations to optimise the procedural interface.

scholarly journals Penal Mediation as Alternative Dispute Resolution: A Criminal Law Reform in Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 369-380
Author(s):  
Anggita Anggraeni
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Law Reform ◽  
Alternative Form ◽  
Research Approach ◽  
Criminal Cases ◽  
Descriptive Data ◽  
Long Time ◽  
First Time

In the minor crime, the solving of cases process through formal process in the court is the prosess that is taking much cost and long time it aint suitable with detriments of the crime impact, these all are contrary with the principal fast, simple and unexpensive judicature. Writing this thesis aims to know the legal certainty of implementing Penal Mediation as an Alternative Dispute Resolution and prospects of applying Alternative Dispute Resolution in the Indonesian Criminal Justice System. The approach used in this research is a qualitative research approach that produces descriptive data in the form of people's written or oral words and observable behavior. The type of research that will be used in this research is doctrinal research. Penal mediation is an alternative form of resolving disputes outside the court (commonly known as ADR or "Alternative Dispute Resolution" and some call it "Apropriate Dispute Resolution"). Penal mediation for the first time is known in positive legal terminology in Indonesia since the issuance of KAPOLRI No. Pol: B / 3022 / XII / 2009 / SDEOPS dated December 14, 2009 concerning Handling Cases through Alternative Dispute Resolution (ADR), even though they are partial. In essence, the principles of mediation of the penalties referred to in this KAPOLRI letter emphasize that the settlement of criminal cases using ADR, must be agreed by the parties that litigate, but if there is no new agreement resolved in accordance with applicable legal procedures in a professional and proportional manner.

Traditional Justice System as Alternative Dispute Resolution Under Article 159(2)(C) of the Constitution of Kenya, 2010

2021 ◽  
Vol 1 (1) ◽  
pp. 22-40
Author(s):  
Emily Kinama
Keyword(s):  
Comparative Analysis ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Multidisciplinary Approach ◽  
Case Law ◽  
Criminal Proceedings ◽  
Justice Systems ◽  
Civil Cases ◽  
The Right

There are various forms of justice. It cannot be limited to legal justice. This paper explores the potential of traditional justice systems under the Constitution. It illustrates the need for a multidisciplinary approach in order to fully realise the right to access justice. Through a comparative analysis as well as case law, the paper demonstrates how alternative dispute resolution is not limited to civil cases, but can be applied to criminal proceedings. Challenges are pointed out and recommendations made on how to improve and effectively manage traditional justice system

Integrating Alternative Dispute Resolution into South African Criminal Jurisprudence: An Urgent Need for Law Reforms

Politeia ◽  
2019 ◽  
Vol 38 (2) ◽  
Author(s):  
Prince Pius Imiera
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
South African ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
The South ◽  
Research Problems ◽  
Criminal Jurisprudence

This article argues for the inclusion of alternative dispute resolution (ADR) into the criminal justice administration of South Africa, which will ultimately result in the comprehensive legal transformation of the country’s justice system. Non-traditional dispute resolution processes, which fall within the context of ADR, are globally accepted and have been implemented in different dispute contestations. The argument whether ADR should be applied in a criminal justice context, poses normative questions concerning the function of the justice system, and sociological questions concerning the nature of criminals and crimes. Crime rates in South Africa are high and the criminal justice system may be unable to cope with the floodgates of formal litigation. In this context the article argues for the integration of ADR into the South African criminal justice system. Two major research problems are addressed through reviewing existing literature and doing desktop research. The first aspect concerns the integration of ADR into the South African criminal justice system with a view to effecting law reforms. Second, the question regarding the roles of traditional rulers in resolving criminal disputes is explored. The conclusions reached relate to the need for law reformation in South Africa, particularly in respect of the integration of ADR into criminal jurisprudence, in order to become aligned with other jurisdictions the world over.

ADR’s Place at the Justice Table

2021 ◽  
pp. 382-386
Author(s):  
Elayne E. Greenberg
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Court System ◽  
Sociological Perspective ◽  
Two Cultures ◽  
Broad Applicability

As alternative dispute resolution (ADR) innovations become institutionalized into the court system, ADR’s promise to humanize and personalize justice too often becomes co-opted by the more dominant values of the traditional legal system. Professor Menkel-Meadow refers to this co-opting as a “clash of two cultures.” This “clash” is actually the legal system’s ongoing acculturation of ADR, focusing on efficiency and settlement often at the expense of preserving the distinct qualitative benefits such innovations offer the justice system. Why does this co-opting happen? From a sociological perspective, it can also be understood to be an extension of the ongoing feminist struggle to gain voice and legitimacy within the legal system and within broader society. This comment invites the reader to re-examine the institutionalization of ADR innovations through this acculturation lens. Although the focus will be on the institutionalization of court annexed mediation programs, these lessons have broad applicability to many court annexed ADR innovations....

scholarly journals KAZAKHSTAN: ADAT-THE TRADITIONAL CONFLICT MANAGEMENT MECHANISM IN CENTRAL ASIA

2021 ◽  
pp. 3-19
Author(s):  
Christian-Radu CHEREJI ◽  
Ciprian Sandu
Keyword(s):  
Conflict Management ◽  
Central Asia ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Foreign Country ◽  
Customary Law ◽  
Cultural Norms ◽  
Legal Anthropology ◽  
Management Mechanism ◽  
Law Faculty

The following article is based on the three principles of the anthropology of law and portrays the experiences of the Chechens and the meaning of their cultural norms, especially in case of conflicts and conflict management, back home and inside a foreign country – Kazakhstan – and sometimes in a clash with the Sharia law and the federal/republican one. More specifically, this article will focus on Adat – norms of local customary law – in the traditional Chechen society. This study was developed in Karaganda (Kazakhstan) with the help of the data and information provided by the Chechen Veteran’s Council in Kazakhstan and the vice-dean of the Law Faculty in Karaganda and it found out that conflicts can be addressed through the extension of existing alternative dispute resolution mechanisms. Keywords: Adat, mediation, teip, tukkhum, Kazakhstan, customary law, legal anthropology.

8. The civil and commercial justice systems

2021 ◽  
pp. 218-252
Author(s):  
Martin Partington
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Civil Justice ◽  
England And Wales ◽  
High Court ◽  
Justice Systems ◽  
Appeal Courts ◽  
Civil Justice System

This chapter discusses the civil and commercial justice systems. It considers the purpose of the civil justice system and also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the newly created Business and Property Courts of England and Wales, and other courts and offices. It considers possible changes that may result from the Transformation programme and the civil and commercial justice systems’ response to the COVID-19 pandemic. It also considers routes of appeal and the work of the appeal courts.

8. The civil and commercial justice systems

2019 ◽  
pp. 210-242
Author(s):  
Martin Partington
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Civil Justice ◽  
England And Wales ◽  
High Court ◽  
Justice Systems ◽  
Appeal Courts ◽  
Civil Justice System

This chapter discusses the civil and commercial justice systems. It considers the purpose of the civil justice system and also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the newly created Business and Property Courts of England and Wales, and other courts and offices. It considers possible changes that may follow the courts and tribunals transformation project. It also considers routes of appeal and the work of the appeal courts.

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