Mediation is usually an advantageous
alternative to court because it is less expensive and faster than going through a court trial.
Not exact matches
My own father, a person of the highest moral character and integrity was accused of being shady by my abuser
because he tried
to find us
alternative housing when my abuser (although
court ordered
to pay the mortgage) willfully and vindictively drove it into foreclosure and the kids and I homeless, while he went off and bought he and his spiritual wife a new home.
Lower
court judges and the justices of the Supreme Court have «failed to offer a «principled or predictable alternative» to «strict separation» because they — like the American people — do not agree among themselves on the nature of the problem or how to resolv
court judges and the justices of the Supreme
Court have «failed to offer a «principled or predictable alternative» to «strict separation» because they — like the American people — do not agree among themselves on the nature of the problem or how to resolv
Court have «failed
to offer a «principled or predictable
alternative»
to «strict separation»
because they — like the American people — do not agree among themselves on the nature of the problem or how
to resolve it.
He said the
courts were giving short prison sentences
because there were not enough
alternative punishments, and that he wanted
to make community sentences tougher.
The governor has admitted, though that a veto would be «chaotic»,
because then the new districts would be designed by the
courts, so the only
alternative is
to win rapid agreement with lawmakers on new lines early in the New Year.
Meanwhile, technology limits the impact of the Supreme
Court ruling: The falling price of whole - genome sequencing, which sidesteps patents altogether
because it doesn't require isolating a gene, makes it a reasonable
alternative to a patented BRCA - style test.
Because Defendants have failed
to establish that no
alternative, nondiscriminatory means exist
to address their legitimate purpose, this
Court finds that the LCFS violates the dormant Commerce Clause.
Indeed, the Supreme
Court recognises at Paragraph 79 that the UK's specific constitutional arrangement with regard
to EU law arose at least in part
because «there was no practical
alternative to such an arrangement in a dualist system».
All of these problems are further inflamed
because investment arbitration is explicitly designed as an
alternative to domestic
courts, operating entirely independently of those domestic
courts.
The
court should be slow
to entertain an application for judicial review as an
alternative to an appeal by way of case stated just
because the time limit for an appeal has been missed, even if the fault lies with the claimant's solicitors rather than with the claimant personally.
Because divorce is a problem
to be solved, not a battle
to be won, I focus on
alternatives to the
court system, through Collaborative Law and Mediation.
On March 23, 2016, a First Circuit panel of three judges, which included retired U.S. Supreme
Court Justice David Souter, ruled that a district judge properly dismissed Michael Tersigni's negligent design claim
because he failed
to present evidence of a reasonable
alternative design.
Although the
Court did not consider the sufficiency of this
alternative in Saskatchewan Federation of Labour v. Saskatchewan (
because it was not provided for under PSESA), it is likely that such
alternatives will continue
to pass constitutional scrutiny, so long as they are only unilaterally imposed
to the extent that strike activity will have serious implications.
In criticizing that decision, I argued that «the fact that
courts may have fewer litigants able or willing
to go before them can not, in itself, be an interference with their jurisdiction [
because i] f it were, a great many rules encouraging litigants
to settle their dispute or
to use
alternative dispute - resolution mechanisms would be unconstitutional too.»
In the Henry case in British Columbia, the government was able
to pass the third step of the Oakes test largely
because, under the current rules, vouching is permitted: «Looking at the scheme as a whole, taking into account the broad range of options available for proof of identity and residence,» wrote Madam Justice Smith of the B.C. Supreme
Court, «I am satisfied that there are no
alternative, less drastic means of achieving both of Canada's legislative objectives in a real and substantial manner.»
The fact that our corporations are increasingly looking at using private
courts as an
alternative to the civil justice system
because of its slow pace and higher costs (among other reasons) is a testament
to the underlying problems.
Yet we still send clerks, process servers and articling students
to the
court house
to sit in line for hours on end
to issue our Statements of Claim and file our motion records,
because there is no other
alternative.
According
to the Insurance Research Council, as many as one in five convictions for traffic violations never end up on motor vehicle records due
to lack of shared information between
courts and motor vehicle departments, or
because a conviction has been erased through
alternative means, such as driving school for a speeding ticket.
The potential for bartering away the child's financial resources
because of a bad faith request for custody is reinforced by («friendly parent») provisions that give a preference
to the parent requesting joint custody when the
alternative of sole custody is considered by the
court.
Because divorce is a problem
to be solved, not a battle
to be won, I focus on
alternatives to the
court system, through Collaborative Law and Mediation.
Because these
alternatives continue
to be adversarial and use the same standards as divorce
court when trying
to evaluate offers and proposals.