DANCEST 805 Lecture Notes - Lecture 8: Alternative Dispute Resolution, Collaborative Law, Cash Flow
Document Summary
Alternative dispute resolution (adr) is where parties are left to find solutions of their own without the help of a third party. Adr includes arbitration, mediation, and binding advice from experts, as well as preventative law, where solutions are found out of court, and collaborative law, where parties enter a contract enforceable by penalties not to start proceedings. Most jurisdictions agree that some decisions should never be left to citizens at all, especially in terms of public policy matters. Such decisions must be left to the judiciary or courts. Principles: some general principles are recognized as safeguards for a judiciary that can be relied on to respect the rule of law. Such principles are found in various legal instruments, such as national constitutions and international treaties and declarations. Judges who are appointed for life will not easily tend to give decisions that favor the government.
