Legal and Ethical Principles and Purposes Governing Proceedings in the Dispute Settlement Council Based on Restorative Justice
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 11 No. 36 (1400),
17 August 2021
,
Page 1-15
https://doi.org/10.22037/bioeth.v11i36.35027
Abstract
Background and Aim: In Dispute Settlement Council proceedings, a number of legal and ethical objectives and principles are always pursued. The goals include resolving disputes in order to reduce the number of people going to court, putting people's affairs in their own hands, dejudicialization, reducing litigation costs, and preventing lengthy proceedings and the violation of the rights of litigants. The pursuit of these goals should be within the framework of the governing principles envisaged for the Council on the basis of the teachings of restorative justice. The purpose of this article is to explain the ethical goals and principles governing the Dispute Settlement Council based on restorative justice.
Materials and Methods: The research method in this study is library or documentary. The method of documentary analysis, has been used in the present study; and the tool of data collection is filing of books and articles.
Ethical Considerations: From the beginning to the end of writing this article, the moral principles of honesty and fidelity have been observed.
Findings: The findings indicate that the Dispute Settlement Council pursues a number of legal and ethical goals that can sometimes be achieved by relying on principles such as the principle of independence, the principle of impartiality, the principle of speed, the principle of public hearing and the principle of certainty.
Conclusion: In resolving disputes by emphasizing the objectives based on restorative justice, it is essential to follow principles such as independence, impartiality, speed, public hearing and certainty. These principles will be the basis for achieving legal and ethical goals such as better settlement of disputes, putting people's affairs in their own, strengthening the proceedings in the council and dejudicialization, reducing the costs of litigation and preventing the prolongation of proceedings.
Please cite this article as: Kakolvand Y, Ghasemi N, Mohseni F. Legal and Ethical Principles and Purposes Governing Proceedings in the Dispute Settlement Council Based on Restorative Justice. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 223-236.
- شورای حل اختلاف؛ رسیدگی؛ اصول حقوقی و اخلاقی؛ اهداف حقوقی و اخلاقی
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