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June 17, 2024, 12:40:30 am

Author Topic: Change  (Read 641 times)  Share 

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smithy16

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Change
« on: November 11, 2011, 11:07:42 am »
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Does anyone know of recommendations for change or change that has already occurred, that was aimed at enhancing the effective nature of the legal system.

RobDog

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Re: Change
« Reply #1 on: November 11, 2011, 12:14:10 pm »
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If you have the book 'Legal Notes', from page 145 onwards it has some information on what you're looking for.
But pretty much i guess it is referring to the elements of the Effective Legal System (ELS).
F - fair and unbiased hearing
A - access to legal system
T - timely resolution

So for effective access to the legal system, you could explain the increase use in alternatives to courts such as mediation or arbitration, as they provide a less costly dispute resolution method, and prevent those people whose rights have been infringed from taking no action due to lack of funds.

The increased use of ADR could also be linked to timely resolution, as delays in trials and hearings can be avoided.

smithy16

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Re: Change
« Reply #2 on: November 11, 2011, 01:55:53 pm »
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Yeah it is referring to fair and unbiased hearing, timely resolution and effective access. But no i don't have the book legal notes. What you said sounds pretty good though, i just couldn't think how to relate changes or possible changes to the three elements of an effective legal system. I was trying to discuss the Broad Meadows Magistrate Court pilot program whereby any civil claims of less than $40,000 were immediately referred to mediation, however i wasn't sure whether this provided for a more timely resolution to disputes. But now that i think of it, it does.