Sample Assignment on Law PDF
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Added on 2021-04-21
Sample Assignment on Law PDF
Added on 2021-04-21
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Running head: LAW 1LAWName of StudentInstitution Affiliation
Running head: LAW 2The Legal Aid, Sentencing and Punishment offenders Act (LASPO) 2012 was planned mainly to reduce the civil legal aid budget through the removal of the entire areas of the law scope and to change the financial eligibility criteria. The LASPO scheme was initiated together with other policy changes which included the reduction of the fees paid to the providers[ CITATION Gre141 \l 2057 ]. Through the introduction of LAPSO the Legal Service Commission was abolished which facilitated the increase of negotiations and mediation as forms of resolving disputes and allowing individuals to get access to Justice. The LASPO was introduced with the following objectivities: Depress adversarial and unnecessary litigation in the public expenses. Make very important savings in the cost of the scheme. Bring about improved value for money for the taxpayer. When the submissions weremade to the Ministry of Justice the amendment decisions to the scope were mainly influencedby four factors: the significance of the issue, the litigant’s ability to present their cases, the opportunity for alternative sources of funding and the opportunity of other routes to resolution.Mediation is a form of alternative dispute resolution whereby the parties which are involved in a dispute meets with a third party who is neutral and helps them to solve their dispute. The third party is usually referred to as a mediator. The mediator is responsible to listen to the evidence each party, help the parties to understand each other’s viewpoint regarding dispute and then facilitate the negotiation of the voluntary resolution case[ CITATION Mar123 \l 2057 ]. The primary aim of having mediation is to avoid the expenses and time required of further litigation by solving the dispute at the early stages. The mediation as the form of dispute resolution has the following advantages:
Running head: LAW 3Mediation as a form of dispute resolution is much cheaper than the process of civil litigation. In the mediation process, there are no court filing charges and other related expenses. The process of mediation is much faster in dispute resolution than the long procedures involved incivil litigation. The parties involved in the dispute resolution have an opportunity to present their concerns and opinions. The process of mediation allows the parties involved to work together to reach a common agreement and continue working together after the dispute[ CITATION Pet141 \l 2057 ]. The process of mediation is very private, and in most cases,the parties involved feel secure to meet and solve their differences.Even though the mediation form of dispute resolution has many advantages it has its setbackssuch as; The parties involved in the dispute may fail to reach an agreement on their dispute, in cases where the parties fail to reach an agreement they have to go through the process of trial whichis expensive and time-consuming. Some people do not believe that mediation is a form dispute resolution, they believe that mediation process may provide another chance for the abuser to harm the victim. Mediation has no formal rules which are used to put things in a fair way for both parties[ CITATION Rup14 \l 2057 ].Mediation was seen as a key objective of LASPO by the Ministry of Justice. The Ministry approximated that removing of the family law from the scope was to lead to an additional of 9,000 mediation information and the assessment meetings each year. [ CITATION Ell12 \l 2057 ].Negotiation refers to the deliberations which occur between the different parties which are touching on the same proposed agreement. The factors or things which develop in the negotiations contributes nothing the agreement reached unless it is initiated into it.It is a very common rule that there is no evidence that can be given to diminish, add, alter or contradict a written instrument. According to Merc. Law negotiation refers to the act through which the
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