Procedural Issues: How to Get What You Want/Need

As the Human Rights Tribunal’s processes are becoming more developed and widely understood, the opportunities for using these processes strategically are increasing. For both Applicants and Respondents there are particular junctures in the Part IV Application process where a strategic advantage may be gained or lost.The disclosure regime under the Rules of Procedure, for example, can be used by Applicants and Respondents to gain leverage with regard to a potential settlement of an Application, and it can be used at the same time to narrow the issues for hearing and ready the evidence.

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