Presentation on theme: "Teaching ADR in an EFL classroom Prepared by : Brahim Zaim December 27, 2005."— Presentation transcript:
Teaching ADR in an EFL classroom Prepared by : Brahim Zaim December 27, 2005
Needs of ADR: The State is working for include ADR methods within the civil/penal justice system; cf: www.sfcg.org/programmes/morocco/moroc co/_strengthening.html It makes good sense to prepare judges for these new approaches sooner.
Purpose of the Class: To build the capacity and sharpen the knowledge of judges in innovative approaches to resolving disputes. To promote the use of English language amongst them. To plan publishing collaboratively a translated benchbox on ADR.
Intended Audience of the Class: Student judges with limited English language proficiency.
Method of teaching this class: To create an interactive classroom. To promot autonomous learning by encouraging and nurturing the process of self-direction. To fomente judges to be resources to all the class: visit resources sites to discover information, gather all the resources. -The training culminates with a final assessment-
Continue… Logistics: Using copmputer-based corpora. Using video tape, audio tape and Computer Assisted language learning. Using the Internet for research.
Content of the course: ADR (Private Resolution or Non-Adversarial System vs Public Resolution or Adversarial System) = (Outside of court.)
Outside of Court: Most disputes within society are resolved or managed without reference to the formal legal system. « People with problem, like people with pains, want relief, and they want it as quickly and inexpensively as possible » Warren E. Burger Former Chief Justice United State Supreme Court
Outside of Court: It is cheaper to require ADR than to build new court : Norman Brand
Continue… 90% of the cases in U.S do not proceed to trial, but are settled out of court in settlement( Debra & Charles 1999, ALE pp 9,13)
What is ADR? Wide variety of consensual approaches with which parties in conflict voluntarily seek to reach a mutually acceptance settlement (Bingham et al 1994)
Idea of ADR: oADR plays growing role in a number of conflicts across the world. oThe term ADR is no more than 25 years old in western dispute resolution literature, however alternatives to litigation have existed for generations.
The Aim of ADR: To reduce court backlogs, then improve the quality of court decisions To reduce costs and delays in court proceedings To promote cooperative litigations culture
ADR Features: ADR provides many advantages to those who use it: flexibility Money-Saver Time-Saver Non-binding effect Preservation of human relationships (Reduction of the animosity)
ADR Types : The ADR process can be mapped as follows: Mediation Negotiation Conciliation Early Neutral Evaluation (ENE)
Mediation: Mediation: process in which a neutral third-party helps parties to overcome deadlock and reach a negotiated settlement.
Mediator’s role: The mediator works to: Improve Communication across party lines Help parties clarify and communicate their interests and understand those of their opponent Probe the strengths and weaknesses of each party’s legal positions Identify areas of agreement and help generate options for a mutually agreeable resolution
Mediator’s role: continue… (Mediator doesn’t have the authority to make an award, or, impose a binding settlement on the parties)
Arbitration Arbitration: process whereby parties in dispute may submit their disagreement to an impartial arbitrator.
Early Neutral evaluation: Early Neutral evaluation: a non-binding process in which the parties retain a neutral to provide an evaluation based solely on the merits of the cases.
Neutral’s role: Reviews the factual and legal positions of the parties Provides her / his view of the likely/fair result
Settlement Conference: Settlement Conference: a simple, evaluative mediation frequently used in uncomplicated casses, where the parties are often not present,and the neutral is a retired or former judge.
The judge’s role in settlement conference: Reviews the case with the parties and after a discussion of the facts and issues, suggests a settlement.
ODR Type of dispute resolution which applies online technologies to facilitate the resolution of conflicts between parties.
ODR ODR techniques: They have started in US since 1995 and there should be around 24 ODR service providers such as: www.mvag.org www.cybersettle.com www.mvag.org
ADR & ODR Ethan Katsh and Janet Rifkin stated: « If ADR moves dispute resolution out of court, ODR moves it even furthere from court »
Restorative Justice (ADR in criminal cases) A broad approach oriented on repairing as far as possible the harm caused by crime: Jolien Willemsens Alternative to imprisonment: court can order compensation to a victim for financial losses or unpaid work for the community.
While Exploring ADR: Judges can: learn legal vocabulary & terminology concepts associated with the theme Adapt content learning needs to the language improve their language skills
Challenges: Incorporation of ADR into the litigation system (there are no legal stipulations for ADR in Morocco until now). Expansion of the culture of collaborative problem solving. creation of court-annexed mediation center. Using English language as a tool of work and research.