Jeremy Bentham: Overhaul of litigation By Dr Chinwe Egbunike

 I have been contemplating the complexities surrounding litigation and its widespread effects; the system often frustrates many, and I find myself advocating for the overhaul of the litigation process.
 Applying Bentham’s utilitarianism theory, which emphasises the greatest happiness for the greatest number, highlights why reform is essential – the need to align social values and government legislation with this principle.
For example, litigant’s delays while awaiting justice often detract from their well-being. Greatest pain for the greatest number that is what litigation offers; I bet Bentham would be rolling in his grave! Remember, he called for subsidies for the cost of legal fees. He also proposed that an ‘Equal Justice Fund’ be established, supported by fines imposed on wrongdoers, government funds, and charitable donations (Judith Resnik, Bring back Bentham…).
 He sure wanted legal reform that would swiftly dispense justice! I believe he meant ADR. As jurisdictions have increasingly recognised the value of Appropriate Dispute Resolution (ADR), it is clear that these methods are efficient and effective(usually provide faster, more satisfactory outcomes for those involved).
 I strongly advocate for ADR as the only valuable approach to achieving justice- without resorting to litigation, as it often results in prolonged conflicts, leading to harmful perceptions and divisiveness among people. By wholly embracing ADR, we can promote understanding and cooperation, fostering a more inclusive, equitable environment where everyone’s needs are considered, and wealth and privilege do not dictate outcomes.
 ****mumbling under my breath while typing this-overhaul litigation now and bring back utilitarianism !
What are your thoughts?
#jeremybentham #adr #utilitarianism #innovation #history #factual #technology #diversity #inclusion #equity #awareness #clinicallegaleducation #justice #reform #marketing #marketingadr #accestojustice #utilitarian #law #litigation #society #ethics #morality #inpursuitofpeace #PeaceAndLove  #research #philosophy #ucl #thougtsofaseeker #jurisprudence #clinicallegaleducation #massadvocacyadr #vousparlezadr  #letsmakeadrgoviral #alternativedisputeresolution #viral #england #wales  #europe #asia #northamerica #africa #caribbean #southamerica  #australia #newzealand #latinamerica  #world

My book- ‘Appropriate Dispute Resolution in Comparative Perspectives: Nigeria, the UK, and the US accessible at Emory University Library

📌 I am excited to share that my book, ‘Appropriate Dispute Resolution in Comparative Perspectives: Nigeria, the UK, and the US,’ is now accessible at the Law Library book stacks on the 3rd and 4th floors at Emory University in Atlanta, Georgia. You can easily request or borrow a copy using the link below: https://emory.primo.exlibrisgroup.com…
#gratitude to Emory University for fostering an inclusive and diverse environment that values everyone’s unique perspectives.
#ADR #emory #library #students #Law #books #booklover #letsmakeadrgoviral #viral #atlanta #georgia #northamerica #europe #southamerica #australia #asia #caribbean #latinamerican #africa #podcaster #blogger #youtube #comparatives #method #nigeria #uk #usa

Series 2: Exploration into the Concept of Family Mediation with Forrest “Woody” Mosten (Video /Podcast)

Podcast Link
I was privileged to engage in a stimulating and thought-provoking conversation with Mr Forrest (Woody) Mosten on Expert Views on ADR (EVA) Vid / Podcast Show.
He is an award-winning mediator and Peacemaker who has been in private practice since 1979.
Mr Forrest is also a Collaborative Family Lawyer and the creator of unbundled legal services; he is an author and an adjunct professor of law at the UCLA School of Law, where he teaches mediation and family law. He co-founded the Mosten Guthrie Academy.

He wears so many hats, so I have left the link to his profile:
/ forrest-woody-mosten.

In this series, we examined the various aspects of Family Mediation and its role in conflict resolution. We explored the similarities and differences between Family and General Mediation. We also discussed whether domestic violence can be mediated and the psychological impacts of power imbalances in Family Mediation.
Additionally, we analysed the legal enforceability of prenuptial and postnuptial agreements while advising potential users and those interested in pursuing a career in family mediation.
Finally, Prof Woody revealed the various types of training their law firm (Mosten Guthrie Academy) offers.

****Master Class: Innovative Mediation and Collaborative Strategies with Woody Mosten
Program Details:
Trainer: Forrest “Woody” Mosten, Live on Zoom;
MASTER CLASS – November 14-15, 2024
Duration: 2 Days / 4 Hours per Day at 9:30 AM – 2:00 PM (PT).
Fee: $695.00

You can register with the link below:
https://lnkd.in/eE3jPwr6

**You can order my book- Appropriate Dispute Resolution in Comparative Perspectives
Nigeria, the UK, and the US via https://lnkd.in/eSPMRuxD….

Please subscribe to the EVA YouTube channel & listen to this episode on all podcast channels- #audible #apple #amazon #overcast #google #spotify #listennotes #playerfm #pocketcasts #anghami 

#adr #podcast #familymediation #divorce #custody #mediation #peace #peacemaking #domesticviolence #prenupital #prenup #alimony #conflictresolution #powerimbalance #podcaster #awareness #street #masses #massadvocacyadr #peacemaking #research #highereducation #vousparlezadr #world #inclusive #diversity #business #entrepreneur #attorney #interview #education #marketingadr #marketing #youtube #founding #education #workplace #tiktok #linkedin #ucla #california #northamerica #selling #subscribe #shorts #viral #conflict #talkshow #tv #podcasting #viralvideo #digitalart #creative #method #technology #innovation #digitaltechnology #justice #reform #letsmakeadrgoviral #viral #usa #newyork #kurdish #england #wales #scotland #ireland #nigeria #europe #africa #ubuntu #muslim #jewish #latinamerica #southamerica #northamerica #carribean #education #street #awareness

Series 6: Creating Safe Spaces Via ADR: How can Employees in Canada Report Discrimination, Harassment and Bullying without Fear of losing their Jobs with Blaine Donas, Pt. 1.

Podcast Link

I was privileged to engage in a stimulating and thought-provoking conversation with Blaine Donais, B.A., LL.B., LL.M. (ADR), RPDR, C.MED, WFA on Expert Views on ADR (EVA) Vid/Podcast Show.

He is the president and founder of the Workplace Fairness Institute and author of ‘Workplaces That Work and Engaging Unionised Employees’ (published by Canada Law Book), as well as the WFI WHITE PAPER on ‘Workplace Conflict Management in Canada.’ He has spent many years improving working relationships in public and private sectors. He authored the ‘Donais Fairness Theory, that Fairness Excellence can be measured and achieved in any workplace.’ Blaine is an Adjunct Professor of ‘Workplace Dispute Resolution’ at Atkinson College, York University, Toronto.

He wears many hats, so I have left the links to his profile:

https://ca.linkedin.com/in/blaine-donais-ll-b-ll-m-c-med-q-arb-phsa-wfa-5661b https://blainedonais.ca/.

In this series, we clarified the difference between dispute resolution and conflict management, which is vital for fostering a positive workplace culture and preventing issues like bullying, discrimination, and harassment. We indicated that disputes can escalate because many believe a conflict must involve naming, blaming, and claiming; however, this viewpoint describes a dispute. Blaine further stated that recognising this distinction enhances people’s understanding of psychological safety at the workplace.

Rather than viewing conflict as only arising between two parties; both employers and employees can appreciate the nuances of workplace dynamics, paving the way for more constructive dialogue and resolution. Additionally, we examined the laws and regulations in Canada concerning workplace discrimination, harassment, and bullying while critically analysing how cultural nuances can contribute to the prevention of workplace conflict. Blaine revealed that a “host culture” exists in Canada, where a specific group within the workplace holds more rights and freedoms than others. Although harassment policies are designed to apply equally to all, in practice, they often fail to do so, fostering a culture of fear among those who have the right to speak out.

This raises a pertinent question: ‘What is necessary to ensure workplace safety?

Blaine revealed that to feel comfortable addressing these behaviours encountered at the workplace, individuals or employees need involvement, influence, choice, agency, peer support, and confidentiality—elements that collectively foster a sense of full citizenship. Unfortunately, the above-mentioned cultural factors in some workplaces may discourage individuals or employees from feeling safe enough to express concerns about bullying, discrimination, and harassment.

Stay Tuned for Part 2.

Please subscribe to the EVA YouTube channel & listen to this episode on all podcast channels- #audible #apple #amazon #overcast #google #spotify #listennotes #playerfm #pocketcasts #anghami

Podcast link Spotify: https://spotifyanchor-web.app.link/e/yjTCKvnd2Nb

If you have experienced workplace bullying, discrimination and harassment, do not stay silent. Connect with me on #Linkedin and share your story via DM. Together, we can bring awareness to these issues and work towards creating a more equitable and respectful workplace for all via ADR. Your voice matters!—-Dr Chi Egbunike

 

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