摘要:本文是一篇留学生法律判决作业,通过争端解决来达到正义,有效地实现正义是建立法治的基本条件之一。在过去,获得司法保护的权利基本上几乎完全意味着愤愤不平的个人正式提出诉讼或索赔辩护的权利,这是在严格的法律条款中规定的。
l and commercial relationships.
ADR programs can increase access to justice for disadvantaged groups by following ways:
6.4 Reducing the cost to parties:
Many poor are denying access simply because they cannot afford to pay the registration and representation fees necessary to enter the formal legal system. Since cost is probably the largest barrier to formal dispute resolution for many people in developing countries, that issue is addressed separately in the below.
6.5 Reducing the formality of the legal process:
Several studies indicate that the formality of court systems intimidates and discourages use. In India and Bangladesh, for example, the court requirement of legal representation is both costly and intimidating for people who may not be comfortable interacting with lawyers from a different caste or class. In these and other countries, users of ADR programs have expressed a preference for submitting cases to mediators who are local residents and understand the local community.
6.6 Overcoming the barrier of illiteracy:
In some countries, access is effectively denies because the formal system requires a level of literacy that many in the country do not have. In these countries, the formal legal processes are especially intimidating for large numbers of illiterate citizens. In Bangladesh, the Madaripur Legal Aid Association was originally establish to provide assistance and representation for the poor and illiterate. Their mediation program now dominates their services, in part because they found mediation to be more effective and accessible for this part of the population. ADR programs can design to rely on oral representations. Oral agreements may be enforce by traditional means of community peer pressure, eliminating the need for written documentation or formal enforcement mechanisms.
6.7 Serving rural populations: reducing geographic dispersal of centres:
Access may be impaired because the courts are located far from the homes of those who need them. One advantage of ADR programs has the ability to set them up with relatively little cost to local communities. [33]
6.8 Counteracting discrimination and bias in the system:
When courts are systematically bias against particular groups, such as minorities or women, ADR programs can sometimes help to provide some measure of justice. In Bangladesh, for example, the courts often poorly protect women. The MLAA mediation program has recruited women to serve on mediation panels in the village mediation program. Women who have used the system believe that they receive better protection and more compensation from this system than from the formal court system.
We cannot stop the inflow of cases because the doors of justice cannot close. However, there is a dire need to increase the outflow either by strengthening (both qualitatively and quantitatively) the capacity of the existing system or by way of finding some additional outlets. In this situation ADR, mechanism implementation can be such a drastic step for which three things are required most:
· Mandatory reference to ADRs
· Case management by Judges
· Committed teams of Judges and Lawyers.
Equal justice for all is a cardinal principle on which entire system of administration of justice based. It is to
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