Problem-Solving Justice in Criminal and Civil Justice in Finland

Abstract

Menkel-Meadow has postulated that the Western adversarial court system is no longer the best means for dispute resolution in today's post-modern, multicultural world. According to her views, the truth is illusory, incomplete, ambiguous, dependent on the knower and knowledge and, more importantly, complex. The increased complexity of modern proceedings, as well as modern life in general, means that most conflicts now have more than two parties. Multi-party and multiple conflicts will become distorted if they have to be expressed as two-party relationships. The courts, for instance, deal with issues relating to pollution, consumer affairs, mass misdemeanours and access to public services. Moreover, diagonally opposite presentations of the facts in a conflict are not the best means of getting to the truth. In contrast, polarised debate distorts reality, omits crucial pieces of information, oversimplifies complex issues and complicates clear ones. In addition, in a complex and multicultural world, individuals perceive 'reality' in different manners. For this reason, there are scholars who have questioned the assumptions that the adversarial system has about objectivity, neutrality and fairness.

Management of Legal Aid the Challenges in Guarding Law and Justice

“…To obtain the data needed to complete the research carried out [8], the authors use data collection techniques which are divided into: a. Interview, is a data collection technique by asking direct questions to respondents, Literature Study in this data collection technique is a type of secondary data used to assist the research process, namely by reviewing and analyzing the statutory legislation literature, as well as other data related to the issues discussed in this study.…”

Implementation of conciliation procedures in socio-cultural and legal dimensions

“…This situation does not have a positive impact on their implementation. Modern society in many countries worldwide (Russia, Germany, Italy, Finland, Kazakhstan, Canada) is at a turning point due to changes in several provisions of national legislation establishing conciliation procedures [1,2]. The increase in the normative array regulating various conciliation procedures for the settlement of legal conflicts is due to a number of positive aspects.…”