Business Law Essay Example | Topics and Well Written Essays - 1500 words - 25

Business Law - Essay Example â€Å"Procedures for settling disputes by means other than litigation; e.g., by Arbitration, mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, Divorce actions, in resolving motor vehicle and Medical Malpractice tort claims, and in other disputes that would likely otherwise involve court litigation.† Reading and understanding from the above definition, it can be interpreted that ADR is an alternate mechanism for justice which is less costly and more expeditious. Alternate Dispute Resolution consists of Arbitration, Mediation and Conciliation. Arbitration is a process by which the parties to the dispute appoint an independent Arbitrator who judges the case for the respective parties. This independent arbitrator is appointed on the behest of both the parties. Once the arbitrator is decided, the venue for the arbitration depends upon the parties to the matter. Unlike the Court system where the venue is decided as the courts itself, here the parties have more autonomy towards the way the case is going to take place. Hearings take place in accordance to the whims and fancies of the parties, and therefore the whole procedure is way more relaxed and chilled out. Mediation and Conciliation are the less popular form of ADR trials. These systems envisage a concept where the parties mediate and conciliate with the other parties on their own without the admission of an arbitrator. The process of Mediation and Conciliation is considered to be more in the zone of a personal conversation rather than a legal case going on. The idea of ADR has always been to allow a more open and calm approach towards justice delivery system. And it has ben quite successful in the Europe and UK with a streamlined method of arbitration, medication and conciliation process in practice. The ADR Group is a world-renowned

What is Justice Essay Example | Topics and Well Written Essays - 750 words - 1

What is Justice - Essay Example In that context, it will be really interesting to delve on the concept of justice in a lay and historical context. The laity tends to predominantly associate the term justice with fairness. In a general context, by justice, people tend to mean and expect to be treated fairly as a citizen and as a human in all spheres of public life. By justice, people expect not to be discriminated against owing to any personal or social attributes like race, ethnicity, gender, age and other political or social affiliations. In a biblical context, some principles tend to be rooted in the very essence of the concept of justice. As per Bible, justice is rooted in the very nature of God and, hence, humans should desist from dispensing justice as an omnipotent and all knowing entity (Greenberg, 1995). Hence, Bible facilitates a very liberal approach towards human justice, that extends due leverage to all the sides engaged in a dispute. Bibles envisages justice in the light of relationships and tends to settle the respective jurisdictions for the church, the state, the family and varied other constituents of the society (Greenberg, 1995). The Hebrews considered the God to be just and the one who expected his adherents to be just. The biblical idea of justice is rooted in the Covenant, which expects the believers to retain justice in interpersonal relationships otherwise they stood the chance of being judged. Plato gives much importance to the concept of justice in his works. Plato’s concept of justice is amply akin to the notions of ethics or morality that includes within its ambit all the duties of a man both as a citizen and as a family member (Parry, 1996). As per Plato, justice happened to be the virtuous aspect of the soul, before which men were expected to set aside the irrational desire to taste all pleasures (Parry, 1996). Hence, to a great extent, the Platonic concept of justice laid down the condition for exercising