Not exact matches
By settling cases and taking them out of the legal
system mediation actually facilitates rather than impedes litigation for those remaining cases by freeing up
judicial resources to deal with them.
Mediation has become very prevalent and very popular in the
judicial system within the past few years.
For example, mandatory court - based
mediation rules,
judicial dispute resolution initiatives, case management regimes, pre-trial conferences, and cost - based settlement incentives have all become central pillars of the modern civil justice
system and its reform.
But, while the
mediation of courts is based upon the principle of
judicial impartiality, disinterestedness, and fairness pervading the whole
system of judicature, so that courts may as near as possible be above suspicion, there is, on the other side, an important issue at stake: that is, that causes may not be unfairly prejudiced, unduly delayed, or discontent created through unfounded charges of prejudice or unfairness made against the judge in the trial of a cause...
Despite all the energy and resources being devoted in our modern
system of civil justice to
mediation, alternative dispute resolution and most recently
judicial dispute resolution, in its 111 page judgment in Combined Air and four other cases, the Court of Appeal reinforces the primordial elements of the trial in our
system of civil justice.
This is why ODR
systems are usually represented as a three - stage process (negotiation, if that fails,
mediation, and if that fails, arbitration or, if the platform is integrated into the state's legal process,
judicial intervention).
Despite all the energy and resources being devoted in our modern
system of civil justice to
mediation, alternative dispute resolution and most recently
judicial dispute resolution, in its 111 page judgment in Combined Air and four other cases, the Court of Appeal reinforces the primordial elements of the trial in our... [more]
«If civil courts don't offer more
judicial mediation — a quicker and cheaper way of resolving disputes than trials — the justice
system will become less accessible and less relevant to most Canadians, he predicts.»
I just wonder how many Judges in our
judicial system give lip service to
mediation as we have seen the number of self - represented private contact applications increase significantly and the number of MIAMs (
mediation information and assessment meetings) sharply decline.