Adversarial & Inquisitorial
This system has passive judges
Adversarial
this type of ADR believes in co-operation and consensus as a central tenet.
Mediation
Which theorist critiques Restorative Justice
Daly
Drug Treatment Courts view offenders not as criminals but as what
Patients or clients
This system relies on professional judges
This type of ADR has a neutral third decide the solution and that decision is binding and cannot be appealed in court
Arbitration
What is one of Sargents critiques of ADR
False promise OR Inadequate promise
The critiques of Drug Treatment Court is that there is a power struggle between Due Process and....
Ethical Treatment
This system views competition over two competing truths as an effective way to find the truth
This type of ADR is the least expensive and does not involve a third
negotiation
This theorist recognizes the justice system causes and also shows us inequalities. So by using ADR individualizes conflicts & viels social issues
Bonus: Name of theory
Nader
Bonus: Conflict perspective
focus on social stability and the welfare of the parties (“everybody wins”) is an example of what aspect of drug treatment court
therapeutic
This system views independent truth as important. Therefore, judges conduct their own independent investigation.
Inquisitorial
Provinces such as Ontario make this kind of ADR mandatory in civil cases (excluding family law), before proceeding to court
Mediation
a sincere apology is difficult to achieve is an critique by who
Daly
One of the main principles to this system is party-prosecution. The second principle is...
Party-autonomy
The reason why ADR is becoming more and more popular
it is less expensive then going to court
This theorist views ADR as second-class justice because it is not dedicated to the rule of law, due process of the adversarial trial system. All of which are true forms of justice
Bonus: If you know the name of the theory
Fiss
Bonus: Liberal critique