548 research outputs found
Reforming the Iowa Civil Justice System, January 30, 2012
No full textExecutive Summary
I. Survey
The Task Force conducted a wide-ranging survey of more than 9,000 licensed Iowa attorneys and judges to obtain their input on a variety of civil justice system topics. The survey results helped inform the Task Force of problem areas in Iowa’s civil justice system.
II. Two-Tier Justice System
The Task Force recommends a pilot program based on a two-tier civil justice system. A two-tier system would streamline litigation processes—including rules of evidence and discovery disclosures—and reduce litigation costs of certain cases falling below a threshold dollar value.
III. One Judge/One Case and Date Certain for Trial
Some jurisdictions in Iowa have adopted one judge/one case and date certain for trial in certain cases. The assignment of one judge to each case for the life of the matter and the establishment of dates certain for civil trials could enhance Iowans’ access to the courts, improve judicial management, promote consistency and adherence to deadlines, and reduce discovery excesses.
IV. Discovery Processes
Reforms addressing inefficient discovery processes will reduce delays in
and costs of litigation. Such measures include adopting an aspirational
purpose for discovery rules to “secure the just, speedy, and inexpensive
determination of every action,” holding discovery proportional to the
size and nature of the case, requiring initial disclosures, limiting the
number of expert witnesses, and enforcing existing rules.
V. Expert Witness Fees
The Task Force acknowledges the probable need to revisit the statutory
additional daily compensation limit for expert witness fees. Leaving the
compensation level to the discretion of the trial court is one potential
solution.
VI. Jurors
Additions to the standard juror questionnaire would provide a better
understanding of the potential jurors’ backgrounds and suitability for
jury service. The Task Force encourages adoption of more modern juror
educational materials and video. Rehabilitation of prospective jurors
who express an unwillingness or inability to be fair should include a
presumption of dismissal.
VII. Video and Teleconferencing Options
When court resources are constrained both by limited numbers of personnel and budget cuts, it is logical to look to video and teleconferencing technology to streamline the court process and reduce costs. The judicial branch should embrace technological developments in ways that will not compromise the fairness, dignity, solemnity, and decorum of judicial proceedings.
VIII. Court-Annexed Alternative Dispute Resolution(ADR)
Litigants and practitioners in Iowa are generally satisfied with the current use of private, voluntary ADR for civil cases. There is concern, however, that maintaining the status quo may have steep future costs. Court-annexed ADR is an important aspect of any justice system reform effort, and the Task Force perceives benefits and detriments to reforming this aspect of the Iowa civil justice system.
IX. Relaxed Requirement of Findings of Fact and Conclusions of Law
A rule authorizing parties to waive findings of fact and conclusions of law could expedite resolution of nonjury civil cases.
X. Business (Specialty) Courts
Specialty business courts have achieved widespread support across
the country. In addition, specialty courts provide excellent vehicles for
implementing or piloting other court innovations that may be useful
in a broader court system context. A business specialty court should
be and could be piloted in Iowa within the existing court system
framework of the Iowa Judicial Branch.
Appendix included as a separate document, is 176 pages
Brown & Marriott's ADR: principles & practice, 4th edition.
No full textThe 4th edition of Brown and Marriott’s ADR Principles and Practice, due for publication in 2018, will be revised and updated by a new author team comprising William Wood QC, Brick Court Chambers; Ben Waters, Senior Lecturer in Law at Canterbury Christ Church University; and Shirley Shipman, Principal Lecturer in Law at Oxford Brookes University School of Law. They bring a fresh perspective to the 4th edition; while Henry Brown, originator and co-author of the first three editions, is closely involved in this 4th edition as a Consultant Editor.
In addition to a general update and revision, the new edition will address the following in particular:
Developments in statutory and case law as well as practice, which have progressed in various fields, especially as ADR processes have become more integrated into litigation and judicial processes
Technology, ICT and online processes including Online Dispute Resolution (ODR), which have developed, affecting dispute resolution processes ADR is becoming increasingly integrated into legal education and training and the work accommodates the need for a comprehensive guide also suitable for student
Rozwój alternatywnych form rozwiązywania sporów prawnych (ADR) w Polsce – kilka uwag z perspektywy legislacji, teorii, praktyki i edukacji prawniczej
No full textThe article is of a scientific and research nature, it undertakes a theoretical and dogmatic-legal analysis of selected aspects of the development of alternative forms of legal dispute resolution (ADR) in Poland. The article aims to draw attention to the progressive growth of interest in the last three decades in Poland in the issue of ADR (predicted by Polish theorists and philosophers of law), and above all the institution of mediation from the perspective of legislation, theory (science), practice and legal education. The multifacetedness, universality and comparative potential of the findings presented by the author may be of interest not only to domestic, but also to foreign representatives of science and practice involved in ADR issues, including the development of legal regulations, research activities or optimization of practice and legal education, dedicated especially to the application of the institution of mediation in socio-legal reality.Artykuł ma charakter naukowo-badawczy, podjęto w nim teoretyczną i dogmatyczno-prawną analizę wybranych aspektów rozwoju alternatywnych form rozwiązywania sporów prawnych (ADR) w Polsce. Artykuł ma na celu zwrócenie uwagi na postępujący wzrost zainteresowania w ostatnich trzech dekadach w Polsce problematyką ADR (przewidywany przez polskich teoretyków i filozofów prawa), a przede wszystkim instytucją mediacji z perspektywy legislacji, teorii (nauki), praktyki i edukacji prawniczej. Wieloaspektowość, uniwersalność oraz potencjał komparatystyczny prezentowanych przez autora ustaleń może zainteresować nie tylko krajowych, ale również zagranicznych przedstawicieli nauki oraz praktyki, zaangażowanych w problematykę ADR, w tym w rozwój regulacji prawnych, działalności badawczej czy optymalizację praktyki i edukacji prawniczej, poświęconej zwłaszcza stosowaniu w rzeczywistości społeczno-prawnej instytucji mediacji
ADR and workplace conflicts: a British Perspective with Professor Susan Blake
No full textI was delighted to welcome Professor Susan Blake to the Expert Views on ADR (EVA) Vid /Podcast Show. She is a Barrister and an Associate Dean at the City Law School. She is a co-author of A Practical Approach to Alternative Dispute Resolution, published by Oxford University Press and a co-author of The Jackson ADR Handbook' published by Oxford.Susan is currently focussing on developing a strategy in relation to the use of educational technology to deliver blended learning and the incorporation of an understanding of legal technology into the legal curriculum.Having played a major role in the design and development of the Bar Vocational Course (now the Bar Professional Training Programme), Susan assisted in the development of the legal skills-focused Legal Practice Course. More recently she designed and became Programme Director of an LLM in Civil Litigation and Dispute Resolution which is now part of the LLM Master of Laws programme at City Law School. The main focus of Professor Blake's research, scholarship and teaching is litigation and alternative dispute resolution, and she seeks to develop an understanding of how ADR options can be developed and used effectively. In addition to teaching alternative dispute resolution in the LLM Master of Laws and the LLM International Business Law, she also teaches civil litigation, civil advocacy, opinion writing and legal research on the Bar Vocational Studies Course.Susan is a founding member of the Centre for the Study of Legal Professional Practice at The City Law School and a Convener of the Forum for Alternative Dispute Resolution. She attends and speaks at a range of conferences in relation to many aspects of legal professional skills training. Education- LLM, University of Cambridge, United Kingdom, Jan 1974 – Jan 1975, LLB, University of Cambridge, United Kingdom.In this episode, we analysed the following questions:1) How far has ADR been able to enhance access to Justice in the United Kingdom?2) Might ADR do more in the Future?3) Is there any measurable difference or impact on the Cost and Time Frame for settling disputes under ADR Compared to litigation?4) What is your take on whether Arbitration should be classified as ADR?5) What is your advice for people pursuing a career?6) What is the way forward for mass advocacy or awareness?* The City Law School https://www.city.ac.uk/about/schools/law<br/
ADR and workplace conflicts: a British Perspective with Professor Susan Blake
No full textI was delighted to welcome Professor Susan Blake to the Expert Views on ADR (EVA) Vid /Podcast Show. She is a Barrister and an Associate Dean at the City Law School. She is a co-author of A Practical Approach to Alternative Dispute Resolution, published by Oxford University Press and a co-author of The Jackson ADR Handbook' published by Oxford.Susan is currently focussing on developing a strategy in relation to the use of educational technology to deliver blended learning and the incorporation of an understanding of legal technology into the legal curriculum.Having played a major role in the design and development of the Bar Vocational Course (now the Bar Professional Training Programme), Susan assisted in the development of the legal skills-focused Legal Practice Course. More recently she designed and became Programme Director of an LLM in Civil Litigation and Dispute Resolution which is now part of the LLM Master of Laws programme at City Law School. The main focus of Professor Blake's research, scholarship and teaching is litigation and alternative dispute resolution, and she seeks to develop an understanding of how ADR options can be developed and used effectively. In addition to teaching alternative dispute resolution in the LLM Master of Laws and the LLM International Business Law, she also teaches civil litigation, civil advocacy, opinion writing and legal research on the Bar Vocational Studies Course.Susan is a founding member of the Centre for the Study of Legal Professional Practice at The City Law School and a Convener of the Forum for Alternative Dispute Resolution. She attends and speaks at a range of conferences in relation to many aspects of legal professional skills training. Education- LLM, University of Cambridge, United Kingdom, Jan 1974 – Jan 1975, LLB, University of Cambridge, United Kingdom.In this episode, we analysed the following questions:1) How far has ADR been able to enhance access to Justice in the United Kingdom?2) Might ADR do more in the Future?3) Is there any measurable difference or impact on the Cost and Time Frame for settling disputes under ADR Compared to litigation?4) What is your take on whether Arbitration should be classified as ADR?5) What is your advice for people pursuing a career?6) What is the way forward for mass advocacy or awareness?* The City Law School https://www.city.ac.uk/about/schools/law<br/
Performance Evaluation of a LoRaWAN Towards Development of an Optimised ADR (Adaptive Data Rate) Model
No full textThe accelerating growth of the Internet of Things (IoT) has led to the development of many different communication protocols to enable the most optimal environment for the nature of IoT. Requiring long range and low power communication abilities, has resulted in LPWANs (low-power WANs); one such LPWAN is LoRaWAN (Long Range WAN) which is studied in depth in this thesis.The thesis is done in collaboration with The Things Network (TTN), a crowd-sourced LoRaWAN expansing over 6 continents. The data retrieved from the TTN NOC (Network Operations Centre) has played a crucial role in this thesis, as it provides the basis for studying the working and performance of a LoRaWAN.The aim of this study is to use performance evaluation of the network to develop an Adaptive Data Rate (ADR) model which will modify the transmission parameters to improve the performance of the network, in terms of the ratio of received and sent packets (called Data Extraction Rate - DER), while attempting to maintain minimal cost of transmission, in terms of transmission power and usage of bandwidth by measuring the airtime used in transmission.Extensive evaluation and analysis of the NOC data is performed and detailed in this report, followed by a modified ADR model which theoretically will improve the DER of the network. This ADR model is verified by modelling the performance of devices on the network with the usage of the proposed ADR model and without. This theoretical verification proves that the DER of the network improves when the transmission parameters are varied in accordance with the proposed ADR model.Electrical Engineering | Embedded System
The teaching of ADR in Australian law schools: Promoting non-adversarial practice in law
No full textThis article reports on research that gathered data relating to the teaching of alternative dispute resolution (ADR) in law schools in two States of Australia: Victoria and Queensland. Through semi-structured interviews and questionnaires, a number of themes were identified including the importance of preparing future lawyers for non-adversarial practice through ADR. The author argues that a national forum of ADR teaching is required to promote a community of practice in the teaching of ADR in law schools
Careers in ADR with Professor Emilia Onyema
No full textI was super excited to welcome Professor Emilia Onyema, a Professor in International Commercial Law at SOAS, University of London. She is a Fellow of the Chartered Institute of Arbitrators, qualified to practice law in Nigeria, and as a Solicitor in England & Wales. Professor Onyema is a member of the Lagos Chamber of Commerce International Arbitration Centre (LACIAC) and the Lagos Court of Arbitration, the Advisory Committee of the Cairo Regional Centre for International Commercial Arbitration (CRCICA). She presides over the Advisory Committee of the Libya Centre for International Commercial Arbitration. She is also a member of various professional associations, including the Nigerian Bar Association and the International Bar Association. She convenes the “SOAS Arbitration in Africa” conference series and publishes the Arbitration in Africa Survey and the African Promise's co-author; she has published various books and articles on Alternative Dispute Resolution (ADR), particularly on Arbitration. Professor Onyema was awarded the Mentor of the Year 2020 by the African Arbitration Association (AfAA); She has mentored so many people over the years and still mentoring, including my humble self, and one of the main reasons I am researching in ADR- Multi-Door Courthouse (MDC) in Nigeria. In this episode, we discussed the following questions: A. What is ADR? B. How did you start or commence your journey as an ADR Practitioner/ Academia? C. Throughout your journey as an ADR Practitioner/Academia, have you had any cause to doubt the effectiveness of ADR, to be precise, Arbitration? D. What is the Career Progression in Arbitration?E. What is your advice to someone that wants to pursue a career in Arbitration?F. What is your advice for potential users of ADR? We concluded by revealing the need for professional training as an arbitrator while touching on what potential users and persons who want to pursue a career in ADR, particularly arbitration, should look out for. Keywords: Dispute Resolution, Alternative Dispute Resolution, Arbitration, Access to Justice; Career
ADR and the Courts: An Update
No full textFor well over a decade now, Alternative Dispute Resolution (ADR) and all its variations have been hailed in rhetoric and anecdote as the Prince Charming to a court system in distress. The author briefly examines three kinds of ADR programs: those that take place inside the court (which are sometimes called court-annexed programs ), those that occur inside the administrative agency (or agency-annexed programs, only a small portion of whose product may come before the courts), and negotiated regulations, some of which (despite all good efforts) continue to be challenged on review
Considering Democracy and ADR: Diversity Based Practice in Public Collaborative Processes
No full textThis article critically examines emerging public participatory processes and rhetoric about their ability to increase participatory democracy. The author questions the assumption that participatory democracy is an adequate goal for North American democratic decision-making processes; rather, both government and ADR practitioners should consider the potential of diversity-based democratic theory to inform participatory processes. The author draws from several emerging democratic and ADR theories to form a series of recommendations to incorporate diversity-based practice, thus improving the quality of democratic participation
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