Singularity in Adjudication!

 

My next immediate blog regarding WIPO ADR Procedures & Rules for IP Arbitration, defines the scope of how adjudicating any matter could become robust via simplified step by step procedures, policies & rules; as, to my understanding, such are missing at other places. This blog elucidates reasons why simplicity & singularity are indispensable in modern times. 

 

When someone says, never hide anything from your Doctor or a Legal Expert, I say, the comparison itself is incorrect. How? The reason is there’s no representative/intermediary  present between a Doctor & Patient, whereas, there’s always present between a Judge/Preceding Officer & the Petitioner/Respondent viz. a Legal Representative. A Doctor, no matter how bad or good he/she is, would decide your cure in accordance with his/her own knowledge, whereas, the Presiding Officer/Judge decides the cure in accordance with the knowledge, understanding & presentation of such Legal Representative/Jury. Furthermore, the major difference is: a Patient can present his/her own case, whereas, a Litigant/Respondent doesn’t know how or where to present. There comes the role of such intermediaries.

 

Why the above example? Where conversation isn’t 1-1, procedures must be simple & robust with utter unparalleled outcomes. My intention is to derive singularity in the procedures involved, with ultra minimum steps, to reach conclusion amidst any dispute. And the first step towards that is, as described in the last paragraph of my immediate next blog w.r.t. WIPO ADR.

 

Someone can present One path. But the Presiding Officer/Judge must reach to the best possible path available in their conclusion (just alike in graph theory, shortest path algorithms are used). And for that, understanding of all paths is must. Just alike expectations from any Doctor. Whereas, Representative/Intermediary is there for presenting the facts formally in the prescribed format along with a requested desired prayer or path solicited, according to given rules.  

 

In the jungle, there’re both hyenas/deer, contrived/genuine victims; & understanding traits of both is of utter importance in modern times!😇

© Pranav Chaturvedi