Legal Process

Essay by cardamoneCollege, UndergraduateA+, May 2007

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IntroductionDue to the evolution of family groups, societies and communities, people have established a variety of methods to deal with specific disputes and conflict. Issues of legal cost and access to justice have given rise to various alternative processes avoiding the formal Criminal Justice System. The purpose of this essay is to describe Alternative Dispute Resolution methods and principles, and to explore the strengths and limitations of other alternative ways in which to obtain justice though out the community, whilst avoiding the Criminal Justice System. Also including a brief discription on the disadvantages of the Australian Criminal Justice Court system.

Advantages of Alternative Dispute ResolutionCompared with going to a Court or Tribunal, Alternative Dispute Resolution saves time and money. Fewer people are involved and some Alternative Dispute Resolution services are provided free of charge. Often you do not even need a lawyer. All types of Alternative Dispute Resolutions are meant to be both informal and flexible to accommodate the average person, especially compared to Courts and Tribunals, were there is a fact of intimidation betrayed by the magistrates and judges of the court.

Alternative Dispute Resolution creates scope for lots of different ways of solving a dispute that are not available in a Court or Tribunal. What you talk about when you are involved in Alternative Dispute Resolution is almost always confidential, information conveyed within the conversations between parties are kept secretive and are not passed on to the media or other informative sources. The aim is for Alternative Dispute Resolution to be as non-threatening and open as possible, whilst keeping the proceedings secure from the general public. Alternative Dispute Resolution is meant to help maintain good relationships, because everyone works together towards a solution. This aspect is important for legal disputes about the local environment, where community...