Sentences with phrase «adversarial nature»

The best way to really stay out of court in a way that avoids the drama and adversarial nature of court proceedings is in collaborative law proceedings.

«Despite the intense and inherently adversarial nature of politics, it is good to be reminded that the best ideas are often born out of open discourse.

American Eagle launched a category management program in mid-2009 with the goal of acting as a collaborator with its retail base while eliminating the sometimes adversarial nature of relationships that currently exist.

While settlements on the eve of trial are common, such resolutions come only after a great deal of time, money, and resources have already been expended.5 Such expenditures, as well as the heightened adversarial nature of litigation, can be a disincentive to settlement.

In upholding the trial judge's refusal to find the existence of a fiduciary duty, the Court of Appeal noted the explicitly adversarial nature of the negotiation process, and the fact that the selling shareholders entered into a share redemption agreement in spite of the non-selling shareholders» refusal to grant them tag - along rights.

There are further comments in the case about the judge's role as «neutral, passive arbiter» (para. 67) and the basically adversarial nature of the sentencing phase of a criminal proceeding (ibid.).

This is only possible in the extremely adversarial nature of The Family Court System.

[4] Accordingly, it can be argued that the experiences reported by SRLs are merely reactions to the inherently adversarial nature of the legal profession.

Mediation is designed to be a confidential and voluntary process, free of the formality and adversarial nature of court proceedings.

Buyers didn't become the cheerleaders that investment bank analysts became, but they lost their skepticism and adversarial nature.

In Virginia, mediation will be used as an alternative to the adversarial nature of litigation.

Critics decry the gladiatorial, adversarial nature of the session.

«I think people are fed up with the yah boo, ultra-tribal, adversarial nature of British politics.

Given the adversarial nature of the relationship, there was never any real possibility of teachers accepting joint responsibility for student performance outcomes, as was the case with unions in northern Europe, where the relationship has never been hostile.

Another stated that ADR «can often conserve all the participants» time, energy, and resources (and costs associated with them), speed the time for resolution of matters, and smooth over some of the rougher edges created by the adversarial nature of many of the matters in which DOT is involved.

Of particular note is HAN's antipathy towards the adversarial nature of vs. fighting games and his drive to lead them in a more communal direction, a shift many developers continue to attempt, and struggle to achieve, to this day.

Ericka Beckman's film You the Better (1983), drawing upon the adversarial nature of team sports, animates the absurdity of blithely entering into a game that can not be won.

The one part of consulting I always hated was the adversarial nature of the experience.

The adversarial nature of APEP represents an acknowledgment that pharmaceutical companies, and the scientists that they sponsor, should not be viewed as disinterested arbiters of research but, rather, as advocates for particular hypotheses.

Requiring the Crown to weigh proportionality, the court says, «would greatly expand the scope of judicial review of discretionary decisions made by prosecutors and put at risk the adversarial nature of our criminal justice system by inviting judicial oversight of the numerous decisions that Crown prosecutors make on a daily basis.»

Many rationales have been offered for such high levels of discontent in the profession: lawyers are by nature pessimistic and so prone to depression, the adversarial nature of law makes it a stressful profession with enormous pressure to win at all costs, negative attitudes of the public towards lawyers, a bad economy.

The adversarial nature of the legal system makes law firms a different type of industry than other businesses.

This, stacked on top of the adversarial nature of the American legal system, makes many lawyers miserable.

Oftentimes in litigation, the adversarial nature of the conflict prevents your own voice from being heard.

This seems highly unusual given the adversarial nature of our system.

During my articles, I've been involved in some civil litigation work, and the only clients who I would say actually think the adversarial nature of litigation has something to recommend it over less adversarial means are those clients who want to harm or hurt their adversaries.

Clients are educated together to avoid receiving different advice or strategies, and they aim to scrap the adversarial nature of court proceedings.

We provide a client - centered approach to legal services, and we work to minimize the adversarial nature of a divorce while ensuring your interests are protected.

Instead of distracting students with the «harshness» and adversarial nature of the courtroom experience, we should be building students» confidence in developing clear analytical skills.

It could include changing the adversarial nature of litigation to let finders of fact (judge or jury) engage litigants directly, making litigation a more honest search for truth.

To pick just one, he notes the adversarial nature of traditional courtroom confrontations and states that ODR enables the possibility of win - win solutions.

Given the adversarial nature of the American justice system, this is surprising.

In substance, it seems that the adversarial nature of the judicial process goes a long way in protecting the integrity of the documents presented to a court.

Collaborative Family Law is an alternative to the adversarial nature of the court process, and requires both parties to enter into the process voluntarily.

«The combined effect of the rules and the courtroom arrangements entrench the adversarial nature of the process.

As definite as the structure of the courts is the adversarial nature of the process.

The mission of Rechtwijzer Uit Elkaar was to reduce this burden through innovating the legal process of divorce itself; reducing the adversarial nature of the process; and making it easy to follow.

Given the often emotional impact of allegations and the adversarial nature of formal hearings, professionals are well advised to retain counsel experienced in such administrative processes.

This may be because you do not enjoy some fundamental part of being a lawyer — you do not enjoy being stuck in an office all day, you hate the billable hour, you loathe the adversarial nature of litigation, or you just don't have a passion for the law.

According to these lawyers, the biggest reasons for their dissatisfaction in working in law were the working conditions: stressful, adversarial nature, lack of civility, hours of work, lack of work - life balance, lack of opportunities for advancement, and lack of control over their work.

The «evil» of these experts is that they tend to enhance the adversarial nature of litigation, unduly complicate proceedings, and often add unnecessary costs for the parties.

Though many of us lament the problem of incivility in the legal profession, there are some who easily concede it is a natural part of the adversarial nature of law.

These include the emergence of inconsistent jurisprudence (pp 87 — 88), and the question whether it is indeed desirable for many international disputes to be resolved by judicial or arbitral settlement, for, in contrast to the diplomatic forms of dispute settlement, adjudication produces results which are «binary», and its confrontational and adversarial nature may even tend to exacerbate the relations between the parties (pp 88 — 89).