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Dispute Resolution
Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term ''dispute resolution'' is '' conflict resolution'' through legal means. Prominent venues for dispute settlement in international law include the International Court of Justice (formerly the Permanent Court of International Justice); the United Nations Human Rights Committee (which operates under the ICCPR) and European Court of Human Rights; the Panels and Appellate Body of the World Trade Organization; and the International Tribunal for the Law of the Sea. Half of all international agreements include a dispute settlement mechanism. States are also known to form their own arbitration tribunals to settle disputes. Prominent private international courts, which adjudicate disputes between commercial private entities, include the International Court of Arbitration (of the International Chamber of Commerce) and the London Court of International Arbitration. Methods Met ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Party (law)
A party is an individual or group of individuals that compose a single legal person, entity which can be identified as one for the purposes of law. Parties to litigation Parties include: * plaintiff (person filing suit), * defendant (person sued or charged with a crime), * petitioner (files a petition asking for a court ruling), * respondent (usually in opposition to a petition or an appeal), * cross-complainant (a defendant who sues someone else in the same lawsuit), or * cross-defendant (a person sued by a cross-complainant). A person who only appears in the case as a witness is not considered a party. Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the ''party of the first part''; and the party against whom the case was brought as the defendant, or, in older American cases, the ''party of the second part''. In a criminal case in Nige ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collaborative Law
Collaborative law, also known as collaborative practice, divorce, or family law, is a legal process through which couples who have decided to separate or end their marriage work together with a team of collaboratively trained professionals including lawyers, divorce coaches, and financial professionals to achieve a settlement that meets the needs of both parties and their children without the need for litigation. The process allows parties to obtain a fair settlement while minimizing the time, cost, uncertainty, and acrimony that can accompany a litigious divorce or separation. Couples initiate this voluntary process by signing a contract (a "participation agreement") binding each other to the process and disqualifying their respective lawyer's right to represent either one in any future family-related litigation. The collaborative law process can also facilitate a broad range of other family issues including disputes between parents and the drafting of pre- and post-marital (or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Business
Business is the practice of making one's living or making money by producing or Trade, buying and selling Product (business), products (such as goods and Service (economics), services). It is also "any activity or enterprise entered into for profit." A business entity is not necessarily separate from the owner and the creditors can hold the owner liable for debts the business has acquired except for limited liability company. The taxation system for businesses is different from that of the corporates. A business structure does not allow for corporate tax rates. The proprietor is personally taxed on all income from the business. A distinction is made in law and public offices between the term business and a company (such as a corporation or cooperative). Colloquially, the terms are used interchangeably. Corporations are distinct from Sole proprietorship, sole proprietors and partnerships. Corporations are separate and unique Legal person, legal entities from their shareholde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In 2008, some courts required some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and acquisit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury
A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Most trial juries are "petit juries", and consist of up to 15 people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects, and consists of between 16 and 23 jurors. The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Republic of Ireland, Ireland. They are not used in most other countries, whose legal systems are based upon European Civil law (legal system), civil law or Islamic sharia, sharia law, although their use has been spreading. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a Court order, ruling in the Case law, case based on their Judicial interpretation, interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an in open court, open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ult ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal System
A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is the subject matter of comparative law, while the definition of legal systems in the abstract has been largely the domain of legal philosophy. Although scholarship has largely focused on national legal systems, many other distinct legal systems exist; for example, in Canada, in addition to the Canadian legal system there are numerous Canadian Indigenous law, Indigenous legal systems. The term "legal system" is often used to refer specifically to the laws of a particular nation state. Some countries have a single legal system, while others may have multiple overlapping legal systems arising from distinct sources of sovereign authority, as is often the case in federal states. In addition, different groups within a country are sometimes subject ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intractable Conflict
Protracted social conflict is a technical term that generally refers to Conflict (process), conflicts which are complex, severe, enduring, and often Violence, violent. The term was first presented in a theory developed by Edward Azar and contemporary researchers and conflict scholars continue to use it. There are a number of sources and preconditions that lead to protracted social conflict''.'' One understanding focuses on Hostility, hostile interactions between groups that are based in deep-seated Race (human categorization), racial, Ethnicity, ethnic, Religion, religious and Culture, cultural hatreds. These conflicts often also have other causes, such as entrenched economic inequality and differentials in political power. They usually persist over long periods of time with sporadic outbreaks of violence. When a group's Identity (social science), identity is threatened or frustrated, protracted social conflict is more likely to occur. There are a number of different methods util ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the parties involved. Adjudication can also refer to the processes at dance competitions, in television game shows and at other competitive forums, by which competitors are evaluated and ranked and a winner is found. Legal processes Adjudication may be defined as "the legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved; it may be equivalent to a determination. It indicates that the claims of all the parties there to have been considered and set at rest." In some case ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Violence
Violence is characterized as the use of physical force by humans to cause harm to other living beings, or property, such as pain, injury, disablement, death, damage and destruction. The World Health Organization (WHO) defines violence as "the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation"; it recognizes the need to include violence not resulting in injury or death. Categories The World Health Organization (WHO) divides violence into three broad categories: self-directed, interpersonal, and collective. This categorization differentiates between violence inflicted to and by oneself, by another individual or a small group, and by larger groups such as states. Alternatively, violence can primarily be classified as either instrumental or hostile. Self-in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Avoidance
Conflict avoidance is a set of behaviors aimed at preventing or minimizing disagreement with another person. These behaviors can occur before the conflict emerges (e.g., avoiding certain topics, changing the subject) or after the conflict has been expressed (e.g., withholding disagreement, withdrawing from the conversation, giving in). Conflict avoidance can be employed as a temporary measure within a specific situation or as a more permanent approach, such as establishing "taboo topics" or exiting a relationship. Although conflict avoidance can exist in any interpersonal relationship, it has been studied most closely in the contexts of family and work relationships. Consequently, research on conflict avoidance spans various disciplines including clinical psychology, social psychology, organizational behavior, communication studies, and family studies. Scholars use the term ''conflict avoidance'' to characterize specific behaviors as well as a broader conflict style. A '' conflic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Facilitator
A facilitator is a person who helps a Social group, group of people to work together better, understand their common objectives, and plan how to achieve these objectives, during meetings or discussions. In doing so, the facilitator remains "neutral", meaning they do not take a particular position in the Conversation, discussion. Some facilitator tools will try to assist the group in achieving a consensus decision-making, consensus on any disagreements that preexist or emerge in the meeting so that it has a solid basis for future action. Definitions There are a variety of definitions for ''facilitator'': * "An individual who enables groups and organizations to work more effectively; to collaborate and achieve synergy. He or she is a 'content neutral' party who by not taking sides or expressing or advocating a point of view during the meeting, can advocate for fair, open, and inclusive procedures to accomplish the group's work" – Michael Doyle * "One who contributes structure and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
