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Legal Process Essay

2269 words - 10 pages

IntroductionDue to the evolution of family groups, societies and communities, people have established a variety of methods to deal with specific disputes and conflict. Issues of legal cost and access to justice have given rise to various alternative processes avoiding the formal Criminal Justice System. The purpose of this essay is to describe Alternative Dispute Resolution methods and principles, and to explore the strengths and limitations of other alternative ways in which to obtain justice though out the community, whilst avoiding the Criminal Justice System. Also including a brief discription on the disadvantages of the Australian Criminal Justice Court system.Advantages of Alternative ...view middle of the document...

All of these characteristics of Alternative Dispute Resolution mean that the people in a dispute are able to talk about their issues in a way that is much more open and less restrictive than what is allowed in a Court or Tribunal.When is Alternative Dispute Resolution not needed?In certain occasions a group against a single person, is much more powerful than others. An example of this situation would be when someone holds an important social position or occupation, or perhaps has far greater financial capacity than the other parties involved. There may even be a history of violence or abuse between the parties leading to discrimination of a certain party or party member. If this is the case, it is possible for the powerful person or group to take control of the Alternative Dispute Resolution process. When this happens, those who have less power can find themselves forced into agreeing to something they don't want, they find them selves intimidated to proceed in the expectations of the other party. This would create a very unjust outcome and this is not the aim of Alternative Dispute Resolution.Problems with the Australian court system.A number of persons located within the general community and private sector companies have experienced on-going problems with the court system.The range of these problems is as followed:Inadequate magistrates.Inefficiency or shortage of court personnel, e.g. the bailiff.Court administrative process does not lend itself to efficiency in the execution of the cases as outlined.- Adjournment Period proceeding to long.Experience from the private sector indicates that adjournment period takes from three months to six. This is further bought forward by the fact that sometimes bailiffs do not serve the summons, and if the company does not hire its own private bailiff, the summons will not be served. There is also the feeling that some of the bailiffs may be personal friends of the person being served and this may be influencing their willingness to serve this summons, this may affect the liability of the case in general.- High Court CasesSometimes the cases take so long to be filed that the offender may go out of business and the client then has very few alternate recourse to recover their goods.The disadvantages of Alternative Dispute Resolution.Despite many procedures are quicker and easier, arbitrations, for example, can often be as long and arduous as the most difficult litigation. Furthermore, the parties must pay for the arbitrator, the arbitration rooms, and the transcript if necessary and all similar matters rather than being able to rely upon the court system which is funded by the taxpayer.Alternative Dispute Resolution processes can also be used as a delaying tactic or as an attempt by an arguing party to gain useful intelligence on its opponent before going ahead with the court system with an advantage due to the information passed on during the proceedings within the previous encounter. This problem is largely...

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