ABSTRACT

This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous.

This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership.

The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.

chapter |12 pages

ORIGINS

chapter 2|11 pages

THE ADR SPECTRUM

chapter 15|7 pages

Rent-a-judge

chapter 3|2 pages

PRINCIPLES OF NEGOTIATION

THE BASICS

chapter |1 pages

Competitive/hard negotiating style

chapter |8 pages

AGREEMENT TO MEDIATE

chapter |7 pages

ENFORCEMENT OF AWARD

chapter |2 pages

Lack of transparency

chapter 7|9 pages

ADR AND THE CRIMINAL JUSTICE SYSTEM

chapter |4 pages

Advantages

chapter |3 pages

RESTORATIVE JUSTICE Basic principles

chapter |1 pages

Retributive and restorative assumptions

chapter |3 pages

Effective compliance

chapter 9|2 pages

CONCLUSION

chapter 8|10 pages

CASELOAD MANAGEMENT

CASELOAD MANAGEMENT

chapter 9|4 pages

CONCLUSION

Some critical policy issues

chapter |7 pages

The nexus between ADR and public law

chapter |1 pages

The future of ADR in the Caribbean

chapter |1 pages

APPENDIX: ROLE PLAYS

ROLE PLAY ONE

chapter |3 pages

ROLE PLAY TWO

chapter |1 pages

ROLE PLAY SIX

chapter |1 pages

THE PARTIES