Legal System Analysis : ENGAGING LEGAL SYSTEM ASSIGNMENT

Case Study :

A. Family Law Matters :

‘In family law proceedings, mediation, known as family dispute resolution, is seen as a particularly important alternative to the adversarial court system because it encourages communication, problem solving, compromise and win-win results.’ In the family law proceeding you observed, to what extent was it apparent that attempts had been made to settle the matter prior to the hearing? Can you identify any potential benefits of using mediation in the hearing observed? Were there any identifiable benefits of litigation in the hearing observed?’  

B. Criminal Matters : 

  ‘Therapeutic jurisprudence considers the emotional and psychological welfare of those who come into contact with the legal and justice system.’ In the Court proceeding you observed, were the procedures appropriate to improving the emotional and psychological wellbeing of the people involved, for example - the accused, the victim (if any), witnesses, family members, lawyers and judges?’   C. Civil Matters    ‘The traditional role of the magistrate or judge in the adversarial system is neutral and reactive, relying on parties to initiate and maintain proceedings rather than the judge actively directing proceedings.’ In the civil proceeding you observed, to what extent did the magistrate or judge behave in this traditional adversarial manner? Were the magistrate’s/ judge’s interventions appropriate to achieving the apparent purpose?’