Juries hold paramount importance in legal systems as they represent a cornerstone of
justice, providing impartial judgement by a cross-section of society and they are made up of
regular people, upholding justice by serving as a check on the authority of the government
and encouraging community participation in legal proceedings. (Mendelle, 2010) Whether
other countries should adopt the U.S. jury system depends on various factors such as the
country’s culture, resources and its citizens. Some countries might have legal systems that
prioritise professional judges over laypersons in decision-making whereas the needs for
funding in case of compensation are also critical factors to consider whether the U.S. jury
system is suitable for others. However, in general point of view, the U.S. jury system should
be adopted by other countries due to its flexibility compared to rigid legal rules, helping
achieve substantial justice in individual cases in a way judges cannot. (Foster, 1882)
The situation that I would choose ADR over litigation might be the case the conflict between
an employee and a supervisor regarding discrimination or bias at work. A private mediation
session might be useful in settling the conflict without jeopardising the collaboration since it
enables candid conversations about issues and cooperative problem-solving between the
parties. (Lau, T. & Johnson, L., 2011, 68) Another situation that I would choose ADR would
be business related agreement cases such as the conflicts regarding the contract. Arbitration
might be favourable in such a situation due to its cost-effective solution. (Lau, T. & Johnson,
L., 2011, 71)
In contrast, there are also situations where litigation would surpass ADR such as criminal
cases whereas a person is accused of murder, robbery and other crimes. Since criminal
cases are typically handled by the legal system of the state or nation, these cases frequently
include the public interest, requiring adherence to court-supervised legal procedures,
evidence presentation, and judges' decisions are not interrupted by disputing parties. (ADCO
Law, 2021)
Employees should be trained in their workplace in order to avoid criminal cases. A vast
majority of topics such as ethical standards, fraud, data security, cyberlaw, and compliance
training are vital for them to promote vigilance against criminal behaviour within an
organisation. Among them, understanding the code of conduct and ethics would be the most
important since it is the cornerstone for recognizing and addressing criminal behaviour.
Moreover, protecting private data is essential in the current digital era. In providing these
training, it is also crucial to make sure that all employees understand the aspects of the
training. Establishing written policies might be the first and foremost step in providing training
due to its evidence for the rules and employees can check anytime and study them.
(Continu, 2023) After that, interactive training sessions are provided and encouraging the
employees to participate in these programmes is also crucial. Overall, it is important to
measure the results by setting specific KPI and SMART goals for their progress with quizzes
and monthly feedback sessions. (ELM Learning, 2023)
References
ADCO Law. (2021, December 30). Litigation and Its Advantages. ADCO Law.
[Link]
Continu. (2023, October 16). Compliance Training: Everything You Need to Know.
Continu. [Link]
ELM Learning. (2023, April 21). The Importance of Compliance Training in the
Workplace. ELM Learning. [Link]
workplace/
Foster, D. (1882, November). Advantages of the Jury System. The North American
Review, 135(312), pp. 447- 460.
Lau, T. & Johnson, L. (2011). The Legal and Ethical Environment of Business (Vol.
1). Flat World Knowledge.
Mendelle, P. (2010, February 21). Why juries work best | Paul Mendelle. The
Guardian. [Link]
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