The Judicial System Of Bangladesh Essay

Alternative Dispute Resolutions (ADR) is any method of resolving disputes other than by litigation. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. The two major forms of ADR are arbitration and mediation; but we can also

The Judicial court system is something that should rarely be called upon because in most situations should have an easy and diplomatic solution between the two parties with or without the

Disputes between individuals can be resolved through mediation, tribunals and courts are sought depending on the complexity and nature of the dispute. Their effectiveness in achieving justice for and between individuals to varying extents will be assessed by their ability to uphold notions of fairness, equality, access, timeliness, enforceability and resource efficiency.

Mulrunji lived in a community highly populated of Indigenous and Torres Strait Islanders, this community also had a high amount of policing officers to control the area. Having such a large amount of visible policing officers in such a community is a means of social control, and another example of a factor that leads to such a large amount of Indigenous Australians in our criminal justice system. This overrepresentation may be interpreted to Indigenous Australians as a threatening move or an act of intimidation, which may result in an escalation of violence or unnecessary police action, as seen with Mulrunji’s case. This is very apparent in Mulrunji’s case, as he was making his way home seemingly not bothering anyone until the officers intercepted.

In America, the justice system is flawed and biased in most cases. Many cases are overlooked and have exaggerated sentences that sets a person’s fate in stone. In the documentary, Time: The Kalief Browder Story, Kalief Browder was wrongfully put in Riker’s Island Jail for three years. He endured beatings, starvation and torture without ever being convicted of a crime. He spent most of his time in solitary confinement and it drove him to the brink of insanity. His whole life changed the night he got arrested for supposedly stealing a man’s backpack. Without having the funds for bail, Kalief stayed in one of the most violent prisons in the country and it affected him immensely. He was paranoid and did not trust anyone around him because he thought they were the police. No matter what he did to try and work through the suffering, he still ended up in a psychiatric hospital on a couple occasions after his release. And because of the effects, he committed suicide at his mom’s home only a few years after he was released from prison. The justice system is fatally flawed and needs to be revised for the fact that Kalief’s story is not so unusual. Although the justice system was made to protect the innocent and reform the guilty, it failed to provide justice.

Alternative dispute resolution (ADR) is the term used to describe the resolution of disputes inside or outside the legal system, without formal adjudication. It includes arbitration, mediation, conciliation and negotiation. There are problems associated with going to court. These include the adversarial process used to find a winner and loser, which often creates stress for, and increases the division between litigants. The advantages associated with the use of ADR have prompted a debate whether Parliament should make it compulsory for all litigants to first use ADR before they go to court to seek solutions to their differences.

After carefully considering the situation in both plaintiff (Eunice) and defendant (RFYL), arbitration should be an effective Alternative Dispute Resolution in

presence of a jury, if the defendant wishes so. Even if a case is too

There are three women on the Supreme Court, one of whom is Latina, and there is one black justice serving on the Supreme Court (Brown, 2016). This is a major issue. The United States, the “melting pot”, has an extreme lack of diversity in their court system. This is an issue that affects several aspects of society. Decisions made by judges will affect the lives of men, women, and their families. The decisions made by judges can also create law. Unlike political officials, the people do not always have the power to vote judges into their positions. Instead, the people hope that their peers with the power to affect the system choose a candidate that will fight for them. Often times, this does not happen.

This paper points out the reasoning for why and how the Supreme Court and judicial system became what it is known for today. The Supreme Court was not always a perfect and well organized system. The court early beginnings started out after a decision at the Constitutional Convention in Philadelphia in 1787 was establish. This decision called for a national supreme court. With the Judiciary Act of 1789 Congress made the US Supreme Court possible. One key person who had a role in developing the Supreme Court into a court of “judicial review” was the fourth Chief Justice, John Marshall. Today the judicial system is broken down into three levels; local, state, and federal. And within these levels are different levels of the court system that handle civil and criminal cases. Each level has a different role to play in the court system but, they all serve the same purpose.

Alternative dispute resolution is a large, diverse, and highly innovative field. However, in Australia it remains largely under utilised and often idiosyncratic. Alternative dispute resolution is commonly understood as any method of resolving disputes outside of traditional adjudication. Some well known methods of alternative dispute resolution include mediation, arbitration, and negotiation. Online dispute resolution is a newer, less well known method of alternate dispute resolution. Over the last decade in Australia, online dispute resolution has grown in popularity.

As litigation continues to be a time-wasting, costly, distracted, and unsatisfactory practice for dispute resolution, alternative dispute resolution increases in popularity, specifically, mediation and arbitration. Arbitration is a cost efficient substitute to litigation that is the yielding of a dispute to an impartial party in order to receive a final incumbent decision in the form of an award. Arbitration is sensitive, classified, and modeled to be a swift, and inexpensive solution to dispute. Participating parties may include additional terms in the agreement identifying arrangements to their agreements’ arbitration clauses to meet the requirements of their discrete dispute. In summation, arbitration is process that is private, speedy, cost efficient, and customized to the liking of the parties involved.

Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.

     Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants;

ADR is useful in resolving virtually all genres of disputes by providing speedier, enforceable decisions through Arbitration, Mediation, Early Neutral Evaluation and other hybrid mechanisms. The presence of cost-effective and predictable ADR mechanisms capable of resolving complex disputes help to bolster the confidence of litigants within the country and therefore stimulates trade and investment both internationally and locally.