Current Issues of Modern Law Assignment Example | Topics and Well Written Essays - 2000 words

Current Issues of Modern Law - Assignment Example In Arbitration, the two disputing parties agree to have a person who will hear out both parties and make a decision as to who is right/ aggrieved. The two disputing parties may choose to make the process either binding or non-binding. If the process is, binding then a document to that effect is being prepared and duly signed by both parties stating it to be so. The decision of the arbitrator in this process will be final and neither party can dispute it and proceed to trial. In the non-binding arbitration, either or both parties may dispute the decision of the arbitrator and proceed to trial. The process in Collaborative Family Law is designed to encourage mutually agreeable solutions to couples who want to legally put an end to their marriage unions. Each partner has the right to have their legal representatives in the proceedings but would have to hire new ones if they decide to proceed to court. Either party reserves the right to go to court at any point in the proceedings. This t ype of process is not advisable for couples who have domestic violence, or and intimidation issues. In Case Conferencing as an alternative dispute resolution, the focus is on narrowing the issues that are in dispute between parties. This is done by a judge or their representative and the legal representative of both parties with little input from the disputing parties. Neutral Evaluation makes use of expert evaluation of the matter in dispute through the professional opinion of projected outcomes of the matter if it went to court. The expert evaluates the pros and cons of each side’s case and with the consent of both parties offers advice on a settlement. The expert also offers case planning to encourage settlement. Mediation is a dispute resolution process where a person/mediator acts to enable disputing parties to reach a mutually agreeable settlement amongst them. The mediator unlike the arbitrator does not decide the case but helps the disputing parties do on their own. P arent Coordination as an alternative conflict resolution uses an experienced trained legal or health professional in assisting high conflict parents to carry out their parenting plan. The main objective of this type of dispute resolution is to resolve and manage conflicts so that meaningful parent-child relationships can be obtained or created if absent. Summary Jury Trials can be binding or non-binding as agreed to by parties. They are only available in limited jurisdictions. It entails giving a summary of both sides of the disputing party in order to get a projected outcome of a case if it were to go to trial.