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-Evaluation by addressing the issues in the adversarial procedure and the reason

by | Oct 10, 2021 | Law | 0 comments

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-Evaluation by addressing the issues in the adversarial procedure and the reason ADR has evolved as a means of dispute resolution.
-Critical discussion of different methods of ADR and its pro’s and con’s.
-Detail & critical evaluation of justice in various categories of divorce by analyzing various category to be resolved by ADR as well as whether ADR can be said to be the ideal method to resolve the issues involving domestic abuse or violence, issues involving in the cases of prenuptial agreement – analysis of some high profile cases and critically studying whether ADR can be used as a reform to settle the matter amicably , co-habitation – explanation of the legal positions of the cohabitees on breakdown of the relationship and analysis of which course of reform will be helpful whether litigation or ADR to resolve the matter and lastly matters involving children’s law in respect of custody , parenting, child support and etc.
– Analyzing the use of ADR in family law by the Jurisdiction- are they doing a better job and pushing for better use of ADR.
-Some statutory footing has made a compulsory requirement to attempt ADR before involving in court procedure. Does this requirement have an impact? Is it working?
-This requirement may give judges the power to adjourn the proceeding and mandate /direct the issue to be resolved by ADR.
-Analysis of the law that has established this requirement. Attempting ADR before proceedings and the power of judges to refer the cases to ADR.
– Evaluation of such push towards ADR the right thing? Is it working? Is it resulting in minimization of cases in the court further helping in reducing the backlog of family law cases.
– Critically analyzing and feeding on the question whether the agreement reached through ADR will the court compel a couple to stand by the agreement. Will the court uphold the agreement reached thorough ADR? Evaluation of case laws where courts have established that they will uphold the decision of ADR. Further examining whether court will treat it as binding agreement or will the court undermine it and go behind it.
-Discussion whether ADR always the better alternative. It is always appropriate.

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