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INTRO TO ADR - Coggle Diagram

- - - - Issue the writ
        
        Written claim in appropriate court to the defendant
      - Trial procedures
        
        Involve: Oral arguments, discovery, examination of witness
      - Judgement
        
        Based on: Evidence, Relevant precedent
      - Appeal
        
        If: Error in law, Evidence did not support factual findings
      - PROCESS (2) :arrow_right:
        
        1. Pre-Litigation
        
        Assessment & Investigation
        
        Parties involved will conduct initial assessment
        
        Gather evidence, assess legal options, maybe attempt to use ADR
        
        2. Pleadings
        
        Plaintiff filing the complaint against the defendant
        
        Legal documents will be served to notify the defendant of the lawsuit
        
        3. Discovery
        
        Exchange of information
        
        Both parties gather evidence, relevant documents, sworn testimonies, written questions to each other
        
        Witness and Expert Testimony
        
        Both parties will identify witnesses who will provide testimony during trial
        
        4. Pre-Trial Procedures
        
        Motions and Hearings
        
        Motion to Dismiss = asking to end the case early
        
        Motion for Summary Judgement = asking for a quick decision based on existing facts
        
        Motion is a formal way for one party to ask the court for a ruling on a particular matter
        
        Hearing will be done after motion is filed
        
        Then, both parties will get to speak, and answer any question from the judge
        
        THIS PROCESS WILL HELP TO RESOLVE VERY IMPORTANT ISSUE BEFORE THE CASE GOES TO A FULL TRIAL (so the litigation process could run more efficient and focused with less matter to discuss on)
        
        Settlement negotiations
        
        Court may ask both parties to negotiate with each other to resolve dispute before trial
        
        5. Trial
        
        Jury selection (if applicable)
        
        Opening statement, where attorneys will present to the judge
        
        Presentation of Evidence, and all witnesses will be called to give out statement
        
        Closing arguments, where attorneys will summarize their case, or 'persuade' the judge to rule in their favor
        
        Verdict, the judge will make decision
        
        6. Post trial procedures
        
        Judgement, where the judge will issue final judgement based on trial outcome
        
        Appeals, where parties may appeal to a higher court if they believe there are errors occurred during trial
        
        Enforcement of judgment, parties involved need to follow court decision (exp; pay fines etc)
    - - Legally qualified judge
      - Existence of appeal system
      - The doctrine of judicial precedent will be applied
      - There will be binding decision
    - - Very public, expensive, time consuming, complicated
      - Parties do not have control over the proceedings
      - 'ADVERSARIAL' in nature - Business relations could be ruined between parties
      - Strict court procedures
    - - Need for legal precedent
        
        If the case involves significant legal principles
      - Enforceability concerns
        
        The binding nature of the court, ensure the decision made by the court need to be adhered, if not, it may lead to serious consequences
      - Urgency and Interim Measures
        
        Urgency
        
        Certain circumstances; financial losses etc may demand an urgent action to prevent any damages from getting worse
        
        If urgent, there will no time for lengthy resolution processes BUT COURT CAN SOLVE THAT PROBLEM through INTERIM MEASURES
        
        Interim Measures
        
        Preservation of 'STATUS QUO'
        
        STATUS QUO = Current situation, where there is dispute
        
        Maintaining Status Quo = The court will instruct both parties involved to refrain from taking any actions that could change the current situation, until the dispute is resolved by the court itself
        
        Protection of rights
        
        It could protect the legal rights and interest of the parties involved
- - - - Neutral 3rd party (known as Arbitrator), act like judge - hear arguments, access evidence, make binding decision
      - Offer more private, faster dispute resolution compared to litigation
    - - Neutral 3rd party (known as mediator) - Assist the disputing parties in reaching agreement
      - Mediator ONLY facilitate communication or negotiation BUT DO NOT impose decision
    - - Neutral 3rd party (known as conciliator)
      - Provide suggestion to reach agreement (More active role as compared to mediator)
    - - An independent expert from specific field
      - The decision of the expert is often binding
      - The decision will be made based in their expertise
    - - Involves an impartial third party
      - The 3rd party will investigate, prepare reports on findings and etc
      - Used to clarify disputed 'facts' or evidence
        
        Do not necessarily lead to solution
    - - Involves a neutral 3rd party, assessing the strengths and weakness of each party involve in early dispute resolution process
      - Help the parties involved to understand the merits of their case
      - Facilitate the settlement of the dispute
    - - Combination of different dispute resolution methods
      - Allows parties to customize the process based on the nature of the dispute
  - - - All parties involved willingly to participate in dispute resolution process
    - - 3rd party will facilitate the ADR process
      - UNBIASED AND IMPARTIAL = FAIR
    - - Parties can freely discuss on the issue, without fear of public exposure
      - Confidentiality could protect sensitive information and encourages open dialogue
    - - Less formal and rigid
      - Allows for creative problem-solving and adaptation to the specific needs of the parties involved
    - - Parties involved have the opportunities to participate in shaping the outcome
      - Satisfaction with the final decision
    - - Prevent prolonged decision making
    - - Through a more collaborative problem-solving process
      - Crucial in business or personal matters