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The
Role of Courts and ADR in the Rule of Law
-- Georgios
I Zekos
The
rule of law is fundamental for the constitutional system which
provides the judicial review of legislative and executive
action. The role of courts is vital in protecting the rights
and interests of citizens and in assuring the delivery of
justice in democratic countries grounded in the rule of law.
The usual law courts, with their procedural technicalities,
are normally costly and function slower, contrary to the expectations
of the litigants. This has paved the way for alternative mode
of adjudication, in providing justice for the poor. ADR brings
a fresh lease of life for the never-ending litigation, based
on the substantive and procedural law of formal adjudication.
Of late, government agencies and substantive legal rules motivated
the private organizations to acquire their own internal conflict
management systems. As ADR can be viewed as the litigant-friendly
adjudication body in any given economic setup, the article
advocates the ADR mode of adjudication that goes hand-in-hand
with the societal requirement of justice delivery, which is
the inherent objective of the rule of law.
©
2008 The Icfai University Press. All Rights Reserved.
Exploring
Viability of Introducing Adr in Criminal Law
-- Uday
Shankar and Vinayak Mishra
Alternative
Dispute Redressal (ADR), which refers to the process of dispute
resolution, denotes the idea of making the system of delivering
justice friendly to the disputed parties and ensuring quick
resolution of the disputed cases. As ADR is now a widely accepted
process in a number of disputed contexts, it is compelling
the policymakers to introduce it in other viable sectors.
Criminal cases relating to petty offences can be considered
as one such area. The criminal justice system emphasizes the
role of the state in resolving offences to ensure peace and
to protect the life and property of its subjects. However,
it should be noted that many offences do not fall under the
category of crimes affecting the state, but affecting only
a particular individual or a group of individuals. In such
cases, ADR can act as a viable option for resolving disputes
between the victim and the offender. This article advocates
that, when applied to criminal justice system, ADR would make
it work more efficiently.
©
2008 The Icfai University Press. All Rights Reserved.
Arbitration
Awards: Understanding
the Limitation of Vacatur and the Possibilities for an Appeal
-- Paul
Bennett Marrow, Esq.
Few
realize that an arbitrator's award is not always final. By
right, whether applying the Federal Arbitration Act or individual
state law, awards can be reviewed by courts to ensure that
the arbitrators' actions were free of misconduct and within
his or her authority. But, a second avenue may existone that
is rarely consideredsome form of appeal either to a court
or to another arbitrator. No matter which type of appeal is
deemed appropriate, it can only come about by agreement between
the parties. There is no statutory right to an appeal. Each
of these three routes has risks. In this article, the author
discusses these risks and benefits, within the context of
the Federal Arbitration Act, the laws of New York, and the
rules of the major providers of arbitration services such
as the American Arbitration Association, the National Arbitration
Forum, etc. The general principles discussed here are applicable
to the arbitration laws of all the states.
©
2006 Westchester County Bar Association. This paper was earlier
published in the Westchester Bar Journal, Vol. 33,
p. 68. Reprinted with permission.
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July
'08