Superior Court of Justice: Small Claims Court

These mediation proceedings are not conducted under oath, do not follow traditional rules of evidence and are not limited to developing the facts. Mediators are expected to draw out the parties' perceptions and feelings about the events that have brought them into conflict. It also encourages parties to acknowledge

The Human Rights Tribunal of Ontario (“HRTO”) provides a mediation option for applicants and respondents. Parties maintain their right to proceed to a hearing if no resolution is obtained through mediation before a HRTO mediator. Mediation can be scheduled via the application and response forms or through facilitation by an HRTO adjudicator. Once the parties have agreed to participate in mediation, the tribunal will confirm via notice of mediation. At the HRTO, mediation is more commonly used than adjudication. Thus, counsel should be prepared to resolve cases in this manner. The HRTO offers thirteen regional offices where mediation can occur. In each location the mediation will occur in a private room with options for single “break-out rooms” for each party.

Disputes between individuals can be resolved through mediation, tribunals and courts are sought depending on the complexity and nature of the dispute. Their effectiveness in achieving justice for and between individuals to varying extents will be assessed by their ability to uphold notions of fairness, equality, access, timeliness, enforceability and resource efficiency.

The juvenile court system was established in the United States over more than a century ago, with the first court appearing in Illinois in 1899. Prior to that time, children and youth were seen as small adults with that the youth were tried and punished as adults.

“Grievance mediation is an alternative dispute resolution procedure which promises many of the advantages of arbitration in less time and at lower expense” (Roberts, Wolters, Holley, & Field, 1990). Mediation is less time consuming and the least expensive method of resolving a complaint than going forward with the arbitration process. If chosen by the complainant, grievance mediation is a completely voluntary step. This is the step prior to going forward to the arbitration process. The mediation step provides an opportunity for a

Fells (2016, p. 211) wrote “ just as a doctor works to bring a person back to health, so too a mediator works to bring a deadlocked negotiation back to a situation where the parties can reach agreement”. This essay discusses this statement with reference to contemporary research on dispute resolution. In order to comprehend how this is achieved, we must consider the essence of mediation, the different types of mediation and what mediators do. Negotiation and mediation are process used to resolve opposing preferences between parties. Negotiation is defined in Fells (2016, p. 3) as “a process by which two parties with differences that they need to resolve try to reach agreement through

Throughout the course of this investigation, the following courthouse was researched to locate any all court documentation for Dennis Baker and Charlotte Baker, as the search was expanded to include Shawna Thornton’s affiliation with the Bakers’.

The Oklahoma Small Claims Court is a low cost way of resolving legal issues when there is less than 7,500 dollars in dispute. Most states have small claims divisions where disputes are limited to those involving less than a specified amount of money in controversy. Within a small claims court, the procedure is informal and generally there is no appeal from a judgement. The losing party however, has the right to a trial de novo in a higher court. A “trial de novo” is a completely new trial that ignores the earlier result in small claims court. Since the amount currently in question is a 1,525 dollar contract, the plaintiff can seek relief for breach of contract in Oklahoma Small Claims Court. It is convenient for my friend that the contract in question does not have an arbitration clause because if it did my friend would be unable to take this breach of contract to court.

To sue in small claims court is required to find out whether your claim are meeting the

What type of cases you heard and how are District Court cases different from Superior Court cases?

On Monday, October 23rd, I attended a full day of Small claims court at 7756 Hurontario St, Brampton, ON L6W 4T1. In this observational summary, I will discuss my opinions on three specific cases, the procedural matters, roles of a paralegal, and overall impressions of the Small Claims Court.

Many Australians often report that the civil justice system is too slow, and litigation costs are too high (Productivity Commission 2014). The concepts of timeliness and delay are complex elements of the CJS, involving the delay of courts and government (Reinman & Leighton 2015). It is estimated that 90 percent of cases in a lower civil court will be finalised within six months of commencement (Sourdin & Burstyner 2014). Research suggests that ‘many litigants in the higher courts are dissatisfied as a result of delay, inefficiency and disproportioned legal costs’ (Sourdin & Burstyner 2014, p. 48). A litigant of a recent study claimed that his case took five years to settle, with each dismissal involving more costs (Sourdin & Burstyner 2014). The costs of accessing and securing legal services is one of the main causes preventing people effective access to the justice system (Productivity Commission 2014). As Reiman and Leighton (2015) mention, when it comes to the two parties against one another, it is more likely the one with the higher income will win the case. In saying this, if a person cannot afford to go to court, that will greatly affect whether they receive just outcomes in the criminal justice system (Reiman & Leighton 2015). According to Sanderfur (2009), when people choose not to resolve their disputes through legal professionals, it is often because of financial costs, uncertainty about rights, and that it would take too long. In saying this, parties have the option to resolve their disputes in many ways. This includes through the courts, tribunals, or a relative ombudsmen service (Reiman & Leighton 2015). Each of these options differ in cost and timeliness (Reiman & Leighton 2015). In recent years, alternative dispute resolution (ADR) has gained popularity over law suits in state and federal courts (Bergeson 2010). The ADR process

This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay will base its arguments on whether courts should compel civil litigants to follow the ADR route upon the perceived advantages of ADR and its success rate. The contention of this essay is not that mediation is inappropriately used to settle

Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.

The Supreme court was created during the Constitutional Convention of 1787 during which the delegates discussed the necessity of a Supreme Court. The two major reasons for the need of