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Date: April 30, 2024 Tue
Time: 12:41 am
Time: 12:41 am
Results for dispute resolution
5 results foundAuthor: Evans, Daniel Title: The Hybrid Courts of Melanesia: A Comparative Analysis of Village Courts of Papua New Guinea, Island Courts of Vanuatu and Local Courts of Solomon Islands Summary: This paper examines three systems of courts of justice, each in a different country in the region of South Pacific islands known as Melanesia, where state legal systems have been adopted from former European colonial governments. The systems discussed are, by comparison, “hybrid”, each of them having been established with the intention of addressing disputes among smallscale social groups by less formal means or by taking greater heed of customary forms of dispute resolution. The paper applies a comparative analysis of these systems, covering their distinct history and the variances in structure, funding, personnel and jurisdictional coverage that impact on their effectiveness as state-sanctioned courts. Conclusions are offered with observations about the strengths and weaknesses of these hybrid systems and their potential for development as instruments of community-owned justice in Melanesia. Details: Washington, DC: The World Bank, 2010. 42p. Source: Internet Resource: Justice & Development Working Paper Series 13/2011: Accessed August 9, 2011 at: http://siteresources.worldbank.org/INTJUSFORPOOR/Resources/HybridCourts.pdf Year: 2010 Country: Papua New Guinea URL: http://siteresources.worldbank.org/INTJUSFORPOOR/Resources/HybridCourts.pdf Shelf Number: 122334 Keywords: Courts (Melanesia)Dispute ResolutionVillage Courts |
Author: Uwazie, Ernest E. Title: Alternative Dispute Resolution in Africa: Preventing Conflict and Enhancing Stability Summary: Backlogged court dockets in Africa, often requiring claimants to wait years, are common. The resulting perception that justice cannot be attained through official channels is a potential catalyst for intergroup violence and political instability. Alternative Dispute Resolution is an increasingly popular complement to official legal channels to resolve less serious disputes in a timely manner through mediation while enhancing claimants’ sense of justice. Establishing legislation supporting Alternative Dispute Resolution as well as broadening the number and caliber of mediators can expedite the adoption of this mechanism. Details: Washington, DC: Africa Center for Strategic Studies, 2011. 6p. Source: Internet Resource: Africa Security Brief, No. 16: Accessed November 22, 2011 at: http://africacenter.org/wp-content/uploads/2011/11/AfricaBriefFinal_16.pdf Year: 2011 Country: Africa URL: http://africacenter.org/wp-content/uploads/2011/11/AfricaBriefFinal_16.pdf Shelf Number: 123419 Keywords: Courts (Africa)Dispute ResolutionDispute Settlement |
Author: United Nations Development Programme Title: Informal Justice Systems: Charting a Course for Human Rights-Based Engagement Summary: until recently, informal justice systems (ijs) were relatively invisible in development partner-assisted justice interventions. yet, ijs form a key part of individuals’ and communities’ experience of justice and the rule of law, with over 80 percent of disputes resolved through informal justice mechanisms in some countries.1 ijs may be more accessible than formal mechanisms and may have the potential to provide quick, relatively inexpensive and culturally relevant remedies. given this central role and increasing government and partnering donor interest in ijs, it is key to build an understanding of ijs and how best to engage with them for the strengthening of human rights, the rule of law and access to justice. in many countries, there is a prevalence of ijs, which demands that governments and development partners take these systems more seriously, especially with regard to ijs and women’s and children’s rights. this does not mean that development organizations should promote ijs at the expense of a functioning unitary legal order or that they should oppose the existence of ijs. rather, it is recognition that ijs are an empirical reality, albeit a complicated one. at the same time, growing numbers of countries are requesting un assistance to engage with ijs and strengthen their ability to provide justice and legal protection. the un’s approach to engagement on rule of law and access to justice is as an effort to ensure international norms and standards for all who come into contact with the formal and informal justice system, including victims, witnesses or alleged offenders. ijs are complex and deeply varied; many drawing their normative structures and legitimacy from the local communities and society in which they operate. the un does not presume that engagement with ijs can adopt a ‘one-size-fits-all’ approach. like all legal mechanisms, ijs function within changing societies and communities and can be responsive to the particular individual circumstances of a case in the application of cultural norms. the obligation to respect, protect and fulfil human rights, including through the provision of justice and legal remedies, extends to formal and informal systems alike. Both types of justice systems can violate human rights, reinforce discrimination, and neglect principles of procedural fairness. ijs in many contexts deal with issues that have a direct bearing on the best interests of women and children, such as issues of customary marriage, custody, dissolution of marriage, inheritance and property rights. the operative questions surrounding ijs and the rights of women and children are significant. While it is especially important to note that the structures, procedures and substantive decisions of some ijs neither safeguard nor promote women’s rights and children’s rights, the existence of ijs does not of itself contravene international human rights principles. indeed, ijs can provide avenues for the delivery of justice and the protection of human rights, particularly where formal justice systems lack capacity, and ijs can enjoy widespread community legitimacy and support. the study seeks to identify how engagement with ijs can build greater respect and protection for human rights. it highlights the considerations that development partners should have when assessing whether to implement programmes involving ijs, the primary consideration being that engagement with the ijs neither directly nor inadvertently reinforces existing societal or structural discrimination – a consideration that applies to working with formal justice systems as well. the study also examines the value of ijs in offering, in certain contexts, flexible structures and processes, cost-effectiveness and outreach to grassroots communities. Details: New York: UNDP, UN Women: UNICEF, 2013. 398p. Source: Internet Resourse: Accessed April 6, 2013 at: http://www.unwomen.org/wp-content/uploads/2013/01/Informal-Justice-Systems-Charting-a-course-for-human-rights-based-engagement-Full-Study.pdf Year: 2013 Country: International URL: http://www.unwomen.org/wp-content/uploads/2013/01/Informal-Justice-Systems-Charting-a-course-for-human-rights-based-engagement-Full-Study.pdf Shelf Number: 128305 Keywords: Dispute ResolutionHuman RightsInformal Justice SystemsMediation |
Author: Coburn, Noah Title: Informal Justice and the International Community in Afghanistan Summary: This report analyzes the array of programs that dealt with the so-called informal justice sector in Afghanistan from 2008 to 2011. It focuses on a series of pilot projects sponsored by the United States Institute of Peace that engaged local Afghan organizations at the district and provincial levels to observe and record how informal justice systems resolve (or fail to resolve) people’s disputes, and how informal and formal justice actors relate to each other in practice. It also examines the expanding role of international actors in local dispute resolution and the impact that such interventions have had on local practices and perceptions of justice. The report finds that the informal justice sector provides a pervasive and effective, if sometimes flawed, venue for the majority of the Afghan population to access justice and argues that the international community should commit more fully to supporting local informal justice mechanisms. Details: Washington, DC: United States Institute of Peace, 2013. 96p. Source: Internet Resource: Accessed April 22, 2013 at: http://www.usip.org/files/resources/PW84-Informal%20Justice%20and%20the%20International%20Community%20in%20Afghanistan.pdf Year: 2013 Country: Afghanistan URL: http://www.usip.org/files/resources/PW84-Informal%20Justice%20and%20the%20International%20Community%20in%20Afghanistan.pdf Shelf Number: 128424 Keywords: Dispute ResolutionDispute SettlementInformal Justice System (Afghanistan)Rule of Law |
Author: Maryland. Administrative Office of the Courts Title: Impact of Mediation on Criminal Misdemeanor Cases Summary: In several counties in Maryland, the State's Attorney's Office (SAO) refers misdemeanor criminal cases to mediation prior to the scheduled court date. Generally, cases which are referred to mediation are those in which there is an ongoing relationships between the participants which lead to the alleged crime and the SAO believes that these underlying issues could be better resolved in mediation rather than through the standard court process. In those counties where such a referral process exists, SAO staff screen cases to consider if they are appropriate for mediation, including screening out cases in which participants may not be able to speak for themselves without fear of retaliation (such as in some domestic violence situations). The SAO may refer the case to an independent community mediation center or, in two counties, in-house mediators may mediate the dispute. Generally, if participants are both satisfied with the results of the mediation, the SAO will either nolle prosequi (formally not prosecute) or put the case on the inactive docket (stet) from which it will close within a year if there is no additional action. Often, the participants do not need to show up again for their court hearing if they resolve the case in mediation. This report explores the impact in terms of the cost to the court system for cases which are referred to mediation compared to cases which are not referred to mediation, in the short and long term. This report also explores the impact on the participants report regarding how the situation has worked out for them. In order to compare the impact, it is necessary to have both a group of cases that were mediated (the Mediation Group) and a group of cases that are similar but that were never offered mediation (the comparison group). It is also important to have significant information about those cases so that a legitimate comparison can be done, which controls for the many factors which could result in the differences in the outcomes. Details: Annapolis, MD: Administrative Office of the Courts, 2016. 64p. Source: Internet Resource: Accessed September 30, 2017 at: http://mdcourts.gov/courtoperations/pdfs/criminalcourtimpactreport.pdf Year: 2016 Country: United States URL: http://mdcourts.gov/courtoperations/pdfs/criminalcourtimpactreport.pdf Shelf Number: 147512 Keywords: Dispute ResolutionDispute SettlementMediation |