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Alternative Dispute Resolution (ADR) Law Dictionary

  • ADR
  • Alternative Dispute Resolution
  • Arbiter
  • Arbitration
  • Arbitration Act
  • Arbitration Agreement
  • Arbitration Clause
  • Arbitration Rules
  • Arbitrator
  • Award
  • Centrocon Arbitration Clause
  • Certiorari
  • Collective Bargaining Agreement (CBA)
  • Commercial Arbitration
  • Community Mediation
  • Conciliation
  • Convention on the Execution of Foreign Arbitral Awards (Geneva Convention 1927)
  • Convention on the Recognition and Enforcement of Foreign Awards (New York Convention 1958)
  • Decree-Arbitral
  • Disqualification
  • Evaluative Mediation
  • Family Mediation
  • Geneva Convention (1927)
  • Grievance
  • Grievance Arbitration
  • International Commercial Arbitration
  • Judicial Review
  • Labour Arbitration
  • Mandamus
  • Med/Arb or Med-Arb
  • Mediation
  • Mediation Agreement
  • Mediator
  • Mini-Trial
  • Model Law on International Commercial Arbitration - UNCITRAL
  • Natural Justice
  • Oversman
  • Ready and Willing
  • Remission
  • Scott v Avery Clause
  • Sentencing Circle
  • Statutory Arbitration
  • Time Bar Clause
  • Tribunal
  • Umpire
  • UNCITRAL
  • Union of India Clause
  • Valuation
  • Waiver
  • Without Prejudice

Published: Wednesday, February 4, 2009
Last updated: Thursday, October 8, 2009
By: Lloyd Duhaime
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LAWimage

The testament of Uah, composed of two leaves of papyrus with hieratic text in red and black ink.
Uah's Will, 1797 BC (Egypt)

Duhaime Lawisms

The foreboding courtroom setting discourages meaningful participation beyond lawyers and judges. The judge presiding on high, robed to emphasize his authoritative dominance, armed with the power to control the process, is rarely challenged. Lawyers, by their deference, and by standing when addressing the judge, reinforce to the community the judge's pivotal importance. All of this combines to encourage the community to believe judges uniquely and exclusively possess the wisdom and resources to develop a just and viable result. They are so grievously wrong. Judge Barry Stuart, Yukon Territorial Court, R v Moses, 71 C.C.C. (3d) 347 (1992)
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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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