This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United Kingdom. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.
This book outlines key aspects of a growing trend within the Australian, United States, Canadian, New Zealand, United Kingdom and other legal systems towards the use of non-adversarial justice.It examines in detail non-adversarial theories ...
This book traces victims’ active participatory rights through different procedural stages in adversarial and non-adversarial justice systems, in an attempt to identify what role victims play during criminal proceedings in the domestic ...
Clearly written and argued this book examines the key issues in the field: * Is the adversarial process best suited to the discovery of truth?. * Do recent reforms indicate the first steps away from the adversarial contest?. * Is English ...
11 M Zander ( 1995 ) ' Why Lord Woolf's Proposed Reforms of Civil Litigation Should be Rejected ' in AAS Zuckerman and R Cranston ( eds ) Reform of Civil Procedure : Essays on Access to Justice , Clarendon Press , p 81 .
... the process by trying to sell their case instead of asking ques- tions that will help select ajury.”714 This judicial activity would not be as necessary, although more acceptable to the attorneys, in a non- adversarial setting.
Both inquisitorial and active adjudication may fit within this broader nonadversarial category. ... In describing the shift towards problem-solved, Frieberg notes that courts have shifted to non-adversarial justice.
To make this argument, I provide a brief description of adversarial and nonadversarial procedures. Criminal proceedings in an adversarial system are structured in the form of a contest between the defendant and the state.
In this sense, the transfer actually enhanced the implementation of a liberal idea of criminal procedure, yet not in an adversarial but in a non-adversarial logic. By strengthening the tenets of a rumba non-adversarial justice instead ...
11 It should also be noted that in the run up to the UK General Election of 7th May 2015, both main political parties are ... Aldridge, J. and Medina, J. (2008) Youth Gangs in an English City: Social Exclusion, Drugs and Violence: Full ...
Errors and violations harm many patients: this book explores how to improve both accountability and patient safety in healthcare.