Bill: Pending P.B. 04-013 | The Actual Judicial Reform Act

[ConsequencesInc]

A
BILL
TO
Actually Reform the Judiciary​

1 - About this Act
(1) This Act
(a) may be cited as ‘The Actual Judicial Reform Act’ or "The AJR Act".
(b) may be numbered as P.B.04-013.
(c) shall be enacted upon being publicly assented.
(d) has been authored by Member of Parliament, ConsequencesInc.
(e) has been co-sponsored by PhillinDeBlanc.


2 - Definitions

(1) The following are definitions to be used for the The Actual Judicial Reform Act:

(a) "Mediation" is a structured process whereby a dispute between parties is moderated by a neutral third-party called a mediator. The parties and mediator agree upon the rules, standards and procedure for the mediation and work towards a mutual resolution of the matter at hand. The results of mediation are non-binding and depend upon the mutual agreement of both parties.

(b) "Arbitration" is similar to mediation, with the difference being that the final result of the Arbitration is binding and the parties go into arbitration agreeing that the decision of the Arbitrator is final. The parties and arbitrator will agree to the rules, standards and procedures for the arbitration process and at the end of the process the Arbitrator will provide a final, binding agreement on the dispute at hand.

(c) "Med-Arb" is the combined process of Mediation and Arbitration, whereby both mediation and arbitration are considered, usually with mediation occurring first and moving to Arbitration if necessary.

(d) "Mediator", "Arbitrator" or "Arbiter" refers to the individual or organization that will provide Med-Arb services for the courts on a per-case basis. Mediators are a neutral third-party who provide conflict resolution. A mediator usually has legal experience or is a lawyer, but this is not a requirement. During arbitration, they are often referred to as an Arbitrator.

(e) "Court-managed list of available mediators" refers to a document that the courts maintain of active and willing mediators who are willing to provide Med-Arb services. This document should also contain regularly updated information regarding the mediator's conflict of interests so that magistrates and chancellor's can appoint a neutral mediator as necessary to a case.


3 - Mediation-Arbitration for Civil Cases

(1) For all Civil Litigation filed in the Magistrates or Chancery, once all parties are present, the presiding judge shall offer free Med-Arb services to resolve the matter at hand outside of a full legal proceeding.

(a) If both parties agree to Med-Arb, the presiding judge shall appoint and summon a mediator from a court-managed list of available meditators.

(i) The Judge shall stay the case until further updates are given by the mediator regarding the outcome of the Med-Arb process.

(b) If one or more parties do not agree to Med-Arb services, the trial will proceed as normal.

(2) The Med-Arb process will be done privately behind closed doors, and the rules and standards by which the mediation and arbitration happen and occur will be mutually agreed to by both parties and the mediator, and enforced by the mediator.

(a) The rules and standards by which the parties and mediator agree to the Med-Arb process will constitute a legally binding agreement.

(i) If an agreement cannot be reached between the parties and mediator to mediate or arbitrate the issue at hand, the Med-Arb process will discontinue and the case will return to the courts.

(b) The mediator will provide weekly updates to the court regarding Med-Arb process, specifically if the process is continuing and if the parties are actively engaging in the process.

(i) The mediator may not disclose any other details of the Med-Arb process without the consent of both parties involved except as previously mentioned.

(c) If the parties come to an agreement through mediation, the mediator will report to the court that the case has been mutually settled by the parties and that the case can be dismissed with prejudice.

(d) If the parties come to an agreement through arbitration, the mediator will report to the court that the case has been settled by binding arbitration and that the case can be dismissed with prejudice.

(e) The parties involved waive all rights to appeal by going through with Med-Arb, unless there was fraud or the agreement established in part 2(a) of this section allows for appeals.


4 - Fees for Civil Filings

(1) The courts shall institute and collect a civil court filing fee of no more than £50 to help pay for and fund the Mediation and Arbitration services.

(i) The courts reserve the right to lower or waive the court filing fee in cases where the fee would be an undue financial burden upon the filer.

(2) The courts shall provide fair compensation to mediators and arbiters who provide their services, both for failed and successful Med-Arb services as the courts see fit."


5 - Severability

(1) The provisions of this act are severable. Should one part of it be declared unconstitutional, it shall not affect the parts which remain.

 

[ConsequencesInc]

IGNITE
Through Their Member of Parliament ConsequencesInc
MOVES TO PASS
The Actual Judicial Reform Act​

The Parliament observes the facts below:
(1) Recognizing that expediency and resolution of civil legal disputes is important and that the court wishes to reduce the number of cases that could be resolved outside of court, the Chancery and Magistrates Court shall offer free combined mediation and arbitration (Med-Arb) services as an alternative to a trial for dispute resolution.

Based on this, the Parliament decides:
(1)To pass the Actual Judicial Reform Act to give free mediation-arbitration services for civil cases.

To fulfil this, Parliament projects the following expenses:
(1) Collected court fees from civil cases
(2) Possible redirection of judiciary budget to these services.

Further, Parliament projects the following administrative efforts:
(1) The Judiciary, or the MoJ, keeping a list of available qualified mediators/arbiters available to serve the court.
(2) Determining a fair market value for the services mediators and arbiters can provide.

A
BILL
TO
Actually Reform the Judiciary​

1 - Definitions

(1) The following are definitions to be used for the The Actual Judicial Reform Act:

(a) "Mediation" is a structured process whereby a dispute between parties is moderated by a neutral third-party called a mediator. The parties and mediator agree upon the rules, standards and procedure for the mediation and work towards a mutual resolution of the matter at hand. The results of mediation are non-binding and depend upon the mutual agreement of both parties.

(b) "Arbitration" is similar to mediation, with the difference being that the final result of the Arbitration is binding and the parties go into arbitration agreeing that the decision of the Arbitrator is final. The parties and arbitrator will agree to the rules, standards and procedures for the arbitration process and at the end of the process the Arbitrator will provide a final, binding agreement on the dispute at hand.

(c) "Med-Arb" is the combined process of Mediation and Arbitration, whereby both mediation and arbitration are considered, usually with mediation occurring first and moving to Arbitration if necessary.

(d) "Mediator", "Arbitrator" or "Arbiter" refers to the individual or organization that will provide Med-Arb services for the courts on a per-case basis. Mediators are a neutral third-party who provide conflict resolution. A mediator usually has legal experience or is a lawyer, but this is not a requirement. During arbitration, they are often referred to as an Arbitrator.

(e) "Court-managed list of available mediators" refers to a document that the courts maintain of active and willing mediators who are willing to provide Med-Arb services. This document should also contain regularly updated information regarding the mediator's conflict of interests so that magistrates and chancellor's can appoint a neutral mediator as necessary to a case.


2 - Mediation-Arbitration for Civil Cases
(1) For all Civil Litigation filed in the Magistrates or Chancery, once all parties are present, the presiding judge shall offer free Med-Arb services to resolve the matter at hand outside of a full legal proceeding.

(a) If both parties agree to Med-Arb, the presiding judge shall appoint and summon a mediator from a court-managed list of available meditators.

(i) The Judge shall stay the case until further updates are given by the mediator regarding the outcome of the Med-Arb process.

(b) If one or more parties do not agree to Med-Arb services, the trial will proceed as normal.

(2) The Med-Arb process will be done privately behind closed doors, and the rules and standards by which the mediation and arbitration happen and occur will be mutually agreed to by both parties and the mediator, and enforced by the mediator.

(a) The rules and standards by which the parties and mediator agree to the Med-Arb process will constitute a legally binding agreement.

(i) If an agreement cannot be reached between the parties and mediator to mediate or arbitrate the issue at hand, the Med-Arb process will discontinue and the case will return to the courts.

(b) The mediator will provide weekly updates to the court regarding Med-Arb process, specifically if the process is continuing and if the parties are actively engaging in the process.

(i) The mediator may not disclose any other details of the Med-Arb process without the consent of both parties involved except as previously mentioned.

(c) If the parties come to an agreement through mediation, the mediator will report to the court that the case has been mutually settled by the parties and that the case can be dismissed with prejudice.

(d) If the parties come to an agreement through arbitration, the mediator will report to the court that the case has been settled by binding arbitration and that the case can be dismissed with prejudice.

(e) The parties involved waive all rights to appeal by going through with Med-Arb, unless there was fraud or the agreement established in part 2(a) of this section allows for appeals.


3 - Fees for Civil Filings

(1) The courts shall institute and collect a civil court filing fee of no more than £50 to help pay for and fund the Mediation and Arbitration services.

(i) The courts reserve the right to lower or waive the court filing fee in cases where the fee would be an undue financial burden upon the filer.

(2) The courts shall provide fair compensation to mediators and arbiters who provide their services, both for failed and successful Med-Arb services as the courts see fit."


4 - Severability
(1) The provisions of this act are severable. Should one part of it be declared unconstitutional, it shall not affect the parts which remain.

 

[Capt11543]

AMENDMENT 01
Should the associated Motion to Amend pass, the Actual Judicial Reform Act shall be amended in the manner described below.

§2(1) shall read the following:

(1) For all Civil Litigation filed in the Magistrates or Chancery, both parties may agree to resolve the case via Med-Arb at any time before the conclusion of discovery. If both parties agree to this, the presiding judicial officer shall:

(a) Appoint and summon a mediator from a court-managed list of available meditators.​

(b) Stay the case until further updates are given by the mediator regarding the outcome of the Med-Arb process.​

 

[Capt11543]

AMENDMENT 02
Should the associated Motion to Amend pass, the Actual Judicial reform Act shall be amended in the manner described below.

§2(2)(e) shall be struck.

The following new subsections shall be inserted at the end of §2:

(3) Settlement agreements, including those reached by Med-Arb, constitute a contract under the Code of Contract. Parties to a settlement agreement may be held liable under that Act for breaching the agreement.

(4) The result of an arbitration proceeding initiated under subsection (1) may be vacated if either party petitions the Magistrate's Court and demonstrates that the proceeding should be deemed invalid under subsection (5). Pursuant to §2(2)(d), the Court may also vacate the dismissal of the original complaint and re-instate the proceedings.

(5) An arbitration proceeding initiated under subsection (1) may be deemed invalid if either party demonstrates on the balance of probabilities that during the arbitration, the arbiter:

(a) held an undisclosed conflict of interest;​

(b) failed to act impartially; or​

(c) materially failed to perform their duties under the terms of the arbitration.​

§2(2)(d) shall read the following:

(d) If the parties come to an agreement through arbitration, the arbiter will report to the court that the case has been settled by binding arbitration, and that the case may be dismissed. The dismissal may be vacated if the arbitration proceedings are deemed invalid after the fact under subsection (4).

§2(2)(a)(i) shall read the following:

(i) If an agreement cannot be reached between the parties and mediator to mediate or arbitrate the issue at hand, or the binding arbitration proceedings are invalidated under subsection (5) by the presiding judicial officer, the Med-Arb process will discontinue and the case will return to the courts.