Alternative Dispute Resolution Based on the English Legal System - Term Paper Example

This paper therefore addresses the significance of the use of alternative dispute resolution (ADR), Ombudsman and Tribunals in justice systems of the world....  Importance of alternative dispute resolution (ADR) In some countries, ADR is also referred to as external dispute resolution (EDR).... It is found in countries such as Australia and encompasses dispute resolution techniques and processes that act as an enabling means for parties in disagreement to reach an amicable agreement....

Mandatory Assessment Is Not the Same as Mandatory Mediation, But Both Concepts Undermine the Family Mediation Process Name: Institution: Introduction The advent of the alternative dispute resolution has been necessitated by the need to reform the legal justice system.... One of the modes of alternative dispute resolution that is widely implemented is the mandatory mediation.... Categorical mandatory mediation refers to cases whereby statutes provide that certain cases must undergo alternative dispute resolution while discretionary mediation refers to cases where the presiding judge decides the cases the should undergo mediation....

The new Act has not altered the powers of the judiciary as against the legislature and executive but brought the english law on par with the other nations in the world who recognized and give prominence to the Human rights.... By bringing this act into force the english law established that the government is to protect the Human rights of the individuals and there fore brought the actions of public sector, local government and social and health care departments within the ambit of the act....

the english legal system is primarily adversarial in composition.... The legal system obtaining in England and Wales is based upon the adversarial system of justice this is in marked contrast to the system prevalent in the Netherlands and Germany, which is inquisitorial.... However, the legal system has begun to recognise that pure adversarialism does not always produce justice, and more effort is now going into establishing areas of consensus between prosecution and defence....

The promotion of free trade among countries was one of the important objectives of the World Trade Organization, especially as spelt out under the GATT – General Agreement on Tariffs and Trade.... But recent trends for the formulation of multi-lateral agreements to restrict trade… While on the one hand, these agreements are welcomed because they help to protect the fragile environment, some developing countries also perceive these agreements as Article XX of GATT is significant, because it provides scope for GATT members to exercise environmental restrictions in certain instances, despite their being inconsistent with the free trade obligations spelt out under the provisions of the GATT....

In accordance with the section 25 of MCA 1973, the decision of the Court in regard to the division of assets in the relationship breakdown can be based on one of the following acts: a) the financial and the physical status of each party/ spouse, b) the role that each spouse had in the accumulation of wealth and c) the age of each spouse.... The importance and the validity of section 25 of the Matrimonial Causes Act 1973 can be understood only by referring to the general framework of the specific legal rule....

In practice it has been proved that trusts cannot effectively operate in all countries around the world; in fact, through the years trusts have been related mostly with the countries of the english legal system, or else the common law countries.... Rather the rights of beneficiaries in civil law countries are protected through alternative frameworks that have been considered by legislators to offer a more completed protection compared to the particular scheme, i....

A key aspect of proper governance is a land administration system that is effective.... They have their roots in a Torrens system where registration of titles is designed to cater for the transfer of parcels of land individually.... The paper "Land Administration Systems" aims to look at land administration systems in two nations that are different geographically and the impact that they have on them....