Sentences with phrase «respect by litigants»

The process, though unorthodox, draws on mediation and arbitration techniques and is grounded in respect by litigants for their respective positons in the conflict, a genuine desire to find resolution, and the ability to remove the conflict from rights, rightness and righteousness to fairness and equity.

Not exact matches

(2) Early neutral evaluation programs provide a useful reality check for litigants, and their lawyers, early in the process through an objective, independent and unbiased evaluation of the merits of the case by an experienced and respected evaluator who is usually a lawyer.

In most instances in criminal cases PII is claimed in respect of unused material so as to prevent material being scrutinised by the court and relied on by litigants.

«Statements by a judge implying that a litigant is an «idiot» or «stupid» and the rendering of other derisive comments about persons who are before the judge is not conduct that engenders respect for the judiciary or provides confidence in the impartiality of the justice system.

The need to respect individual defendants or litigants as people who expect to be treated fairly is made apparent by contrast with the willingness of judicial officers to make joking remarks about «faceless» court users such as government authorities or corporate entities:

Both solutions will occur because the power of the news media and of the internet, interacting, will quickly make widely known these types of information, the cumulative effect of which will force governments and the courts to act: (1) the situations of the thousands of people whose lives have been ruined because they could not obtain the help of a lawyer; (2) the statistics as to the increasing percentages of litigants who are unrepresented and clogging the courts, causing judges to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing numbers of people being denied Legal Aid and court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping with this problem which continues to grow worse; (6) people prosecuted for «the unauthorized practice of law» because they tried to help others desperately in need of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision of legal services, which is why they might block the expansion of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule of law, the Canadian Charter of Rights and Freedoms, and the whole of Canada's constitution be able to operate effectively and command sufficient respect, the majority of the population must be able to obtain a lawyer at reasonable cost.

As a result, law is less readily understood, and therefore less respected by the people it is supposed to serve, especially so by the unconscionably high percentages of unrepresented litigants in our courts.

In considering how court support can be best provided to Indigenous litigants a fundamental principle is that court support needs to be provided at a local level by respected local Indigenous community members.