The Sheriff Court and ADR
Consultation Paper
Response to the Consultation Paper: The Sheriff Court and ADR
The Scottish Executive are attempting to go ahead with the promotion of Alternative Dispute Resolution in Scotland, even when it is abundently clear their is a fundamental flaw in the Directive on Mediation. The questions are loaded. Issues should have been taken out of the control of the Member State via the Subsidiarity Principle, but in any event whilst responses (all 27 of them) have been published (thread below) the result of analysis does not appear to have been published yet.
Why, oh why, is the Scottish Executive being so headstrong and dim in the face of knowledge of what the flaw is: Access FROM Justice, rather than Access TO Justice. If they process it correctly, then a whole new ball game in Jurisprudence occurs. Are they covering for the lack of intellect by the English & Welsh. They refer to research in other countries - where, when, what, how - I haven't seen any research material and the concept of ADR has a "sneaking" / "seeping" method to being instigated in Scotland. Scotland, wake up, you are sleep walking into this concept and you should be asking serious questions about this concept.
If there is a higher intellect at the European Community level, then with some luck the "Competition Model" may still overturn the regime in England & Wales and may prevent it occurring in Scotland and the rest of Europe - I can put it on my wish list rather than shit list!!
My response above is a last ditch attempt at some commonsense by the Courts. We shall see: Consultation process is open to anyone until 27 September 2006 - come on - have a go - its your legal system.
Out of pure devilment and to put the cat amongst the pigeons, notice there are no limitation periods relating to ADR. Should the Human Rights Act 1998 be used to make the Limitations Act 1980 obsolete by reason of article 6 of Schedule 1 and the right to a fair trial!!!
Response to the Consultation Paper: The Sheriff Court and ADR
The Scottish Executive are attempting to go ahead with the promotion of Alternative Dispute Resolution in Scotland, even when it is abundently clear their is a fundamental flaw in the Directive on Mediation. The questions are loaded. Issues should have been taken out of the control of the Member State via the Subsidiarity Principle, but in any event whilst responses (all 27 of them) have been published (thread below) the result of analysis does not appear to have been published yet.
Why, oh why, is the Scottish Executive being so headstrong and dim in the face of knowledge of what the flaw is: Access FROM Justice, rather than Access TO Justice. If they process it correctly, then a whole new ball game in Jurisprudence occurs. Are they covering for the lack of intellect by the English & Welsh. They refer to research in other countries - where, when, what, how - I haven't seen any research material and the concept of ADR has a "sneaking" / "seeping" method to being instigated in Scotland. Scotland, wake up, you are sleep walking into this concept and you should be asking serious questions about this concept.
If there is a higher intellect at the European Community level, then with some luck the "Competition Model" may still overturn the regime in England & Wales and may prevent it occurring in Scotland and the rest of Europe - I can put it on my wish list rather than shit list!!
My response above is a last ditch attempt at some commonsense by the Courts. We shall see: Consultation process is open to anyone until 27 September 2006 - come on - have a go - its your legal system.
Out of pure devilment and to put the cat amongst the pigeons, notice there are no limitation periods relating to ADR. Should the Human Rights Act 1998 be used to make the Limitations Act 1980 obsolete by reason of article 6 of Schedule 1 and the right to a fair trial!!!
posted by Lesley McDade at 12:21 am
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