A factor-based approach to case-based reasoning has been successfully applied in the field of AI and Law to model legal arguments in adversarial judicial procedures. In this paper, we discuss how factors and dimensions can be applied in a disputesupport system that aims to reconcile inconsistent interests of the parties for the sake of a higher-order value, that is, the well being of a child.
General TermsTheory
This paper evaluates the Parenting Plan Support System, a partially implemented decision support system designed to help parents to draft an agreement concerning relations with their children after the divorce, against the background of a real-life case. The focus here is on knowledge representation issues and the functioning of the inference engine.
General TermsTheory
The main aim of the paper is to characterize the assumptions of the original legal practice based on cooperation, usually referred to as collaborative law. In order to achieve this goal, the author considers the following issues: 1) the essence, principles and limitations of collaborative law; 2) selected features of collaborative practice; 3) the main differences and similarities between collaborative law and mediation. The conclusion of the article identifies the preferred competences of lawyers who practice collaborative law, the main advantages of such practice, and the important ethical issues (including dilemmas) that may arise during collaborative lawyering.
Introduction – Research Goals
The main goal of the article is, on the one hand, to introduce the basic assumptions, including the objectives of a particular type of courts, the so-called Problem-Solving Courts, implementing the postulates of the Therapeutic Jurisprudence orientation, which is the leading current co-creating the Comprehensive Law Movement. On the other hand, is to make an attempt to establish the existence of a specific iunctim between the therapeutic and transformative aims of Problem-Solving Courts and the potential of criminal mediation in this regard.
Materials and methods
The study, according to the concept of ontological and methodological approach to law as multi-leveled phenomena, is of interdisciplinary nature. It refers to both: theory and practice of mediation and also to the idea of Comprehesive Law Movement, Problem-Solving Courts, Therapeutic Jurispridence, as well as theory and philosophy of law, Polish legal dogmatics and selected psychology issues. The paper is based primarily on the literature in question. The reasoning is dominated by the logico-linguistic method, supported by the comparative method.
Results and conclusions
The conducted research allowed to meet the descriptive goals of the paper, as well as to point out the specific iunctim between the therapeutic and transformative goals of Problem-Solving Courts and the potential of mediation in criminal cases in this regard. At the same time, the need to consider the possibility of the transfer of selected ideas and solutions (adopted within the framework of Problem-Solving Courts and Therapeutic Jurisprudence) to Polish legal ground and social order was highlighted.
Implications
Intentional purpose of the text is to introduce the key assumptions of the Comprehensive Law Movement, the interdisciplinary type of Problem-Solving Court and the orientation of Therapeutic Jurisprudence into Polish ground. It is, as well, to trigger the discussion on the possibility of activating the therapeutic and transformative potential of 'law in action' within the behavioural and personal (internal) area of the parties to disputes (including disputes arising from the crime committed). Such potential may be supported within the framework of innovative judicial and extra-judicial proceedings, in particular: during transformative mediation in criminal cases.
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