test 3 Flashcards
What is ADR?
The process of handling legal issues outside of court
What is Lumping?
When someone is injured in any sort of way but instead of going through third parties they do nothing to the injurer and rely on their own resources
What is Claiming?
When the injured activly pursues the injurer to provide some sort of remedy and compensation that may go through legal process
What are the types of ADR?
Negotiation
Mediation and Conciliation
Arbitration
Adjudication
Negotiation
the process in which the two parties attempt to resolve the issue without the presence of a third party
Mediation
a neutral third party is asked to meet both of the parties to try and resolve the conflict.
Third parties job is to help both parties come up with solutions that satisfy both (interested based)
Conciliation
Conciliation is where a third party is set up to be a messenger between both the parties if they don’t or can’t meet irl, same as mediation
Arbitration
an neutral third party is chosen by both parties to review evidence for both than decides a decision after listening to either
Adjudication
rights based mediation and legal rights based off legislation and law
Informal social control
The ways society regulates itself without the need for laws and policies- enforced by public ridicule, gossip or praise. EX: wearing dinosaur costume at wedding
Formal social control
Occurs when societies create laws and policies that clearly define deviant behaviour, basis for disciplining people who do it and deterring people from doing it
labelling theory
The way the criminal justice system labels people as criminals or deviants leading them to further act in those ways as they are shunned by society so they self-fulfill their own label
Karl Marx 3 types of power
Economic power
Social power
Political power
Karl Marx 3 types of authority
Traditional
Charismatic
Legal rațional
Access to justice
middle class and lower class people have less “justice” and how they have less power and financial power to get a good lawyer and access into more “justice”
What are the advantages of mediation?
generally less time consuming, complicated, and less expensive compared to litigation or arbitration
What are the disadvantages to midiation
All parties must agree to a resolution as the result is not guaranteed;
Can be difficult if either party are withholding information;
Mediation may not be appropriate if one of the parties required public disclosure
What are the advantages of Litigation?
Cost, The judge decides on issues as he or she deems “fair.” Right to appeal, Potential for a predictable outcome
What is Litigation?
the act, process, or practice of settling a dispute in a court of law
What is the Disadvantages of Litigation
can be a lengthy process, can damage relationships and be impersonal.
What are the advantages of Arbitration?
Efficient and Flexible, Less Complicated, Privacy, Impartiality
What are the disadvantages of Arbitration?
Questionable Fairness, Finality: No appeals, Can be more expensive, Unpredictability
What are the Advantages of Adjudication?
Quick, Cost-effective and relatively inexpensive, Enforceable
What are the disadvantages of Adjudication?
costs are typically not refundable as expenses, a dispute can be referred ‘at any time’, they can come from out of the blue and the opposing party can feel ‘hijacked’, especially where the dispute is high value and complex
What are the advantages of Conciliation?
flexible alternative, reserves the freedom of the parties to withdraw from conciliation without prejudice to their legal position, cost-effective and produces quicker resolution of dispute.
What are the disadvantages of Conciliation?
it relies on the parties accepting the authority of the conciliator and wanting to achieve a resolution.
