In 1999, by strengthening and defining the judicial role of the VDCs, the Government passed the LSGA that dealt with the subject of local mediation. VDCs have been legally authorized in hearing and determining cases on a variety of matters, including land disputes, forced labor, crime and paupers. LSGA provisioned that such cases would be heard and thereby settled by mediation or three-person arbitration boards, appointed by VDC, as agreed upon the parties to the case. Unfortunately, the legal provisions...
This essay will evaluate and highlight the similarities between the values and principles that underpin mediation, counselling and advocacy. It discusses the role of mediation within young people and how it may impact in the case study of Sam. A particular type of advocacy and its impacts will be explored and recommended for Sam. The principle of voluntary participation in mediation demonstrates the willingness of the party to communicate with each other in order to resolve conflict. The party benefits...
INTRODUCTION Indian courts today are facing a huge and increasingly unfamiliar increase in the docket of litigation. With the advent of covid-19 the number of cases has increased not only because of the increasing backlog, but also due to rising litigations owing to underperforming economy. In these times, the importance of ADR mechanisms increases multi-fold, owing to the simplicity in procedure, as well as the time restraints. One such ADR process is Mediation. Black’s law dictionary defines mediation as a...
Introduction: Conflict is a rift or imbalance created between two individuals or between a group of individuals in the way of approach, thought or work. This imbalance may be due to social or personal behavioral change. If physical or psychological damage is caused to any person or group then the issue turns into conflict. Mediation is a problem-solving technique with the help of a neutral third party called mediator. He navigates into the conflict without any capacity to make a...
Abstract Among Social Institutions marriage and family are important institutions. They form the basis of society. From time immemorial, marriage is considered to be sacrament, permanent, indissoluble in Hindu mythology while in religions such as Muslims, Parsis, Christians etc marriage is nothing but is a special civil contract. With changing dimensions of society the definition of marriage has also changed from living together till death to ‘marriage is ,while there is no rose which has no thorns but if what...
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ABSTRACT Our society still follows the traditional method of retributive Justice where ‘Justice means inflicting punishment over the offender.’ But this justice is served to whom? Crime affects a person in many ways including mental trauma, physical injury, hurts dignity, social reputation, etc. Punishing the offender doesn’t cure the mental trauma or social reputation of the victim. Restorative Justice via mediation encourages the settlement through mutual agreement of all affected parties to the crime. Mediation is a process through which...
Canada has had a long and contentious relationship with criminal law and its approach to punishment. The early Canadian societies of mostly French and English settlements evolved their notion of punishment through a predominantly religious lens. Christianity possessed a great deal of authority in the culture, and exemplary punishments were preferred. The Grand ordonnance criminelle (1670) enacted in New France codified this principle into colony law, authorizing the state’s obligation to prosecute crimes against society. The punishments contained within needed...
Introduction “Conflicts have been with man since creation. In fact it was as a result of conflict that God sent away Adam and Eve from the Garden of Eden, in the Bible.” (AMOH, 2007). According to this statement, conflict and life have been intertwined since time immemorial. The author meant that, as long as there is life, there is conflict. It doesn’t matter what kind of conflict it is, whether it is internal or external; social, economic or political (Bergmann...
1. Introduction Domestic violence is described as a crucial social and public health issue which happens in all the countries around the universe, it includes physical and sexual violence, controlling behavior and emotional abuse, (Matud, 2007: 298). The following essay is going to explore the nature of the problem identified in the case study which required intervention. The social arrangements that are causing the social problem found in the case study will be identified and discussed. The essay will also...