When talking about the legal system, the term ‘extrajudicial’ can often cause confusion. So what exactly does this concept mean in the context of the law? In this article, we’ll look at the definition of extrajudicial, as well as how and when this idea is used today.
What Is Extrajudicial?
Simply put, extrajudicial is something that happens outside of a court of law. It’s an action undertaken by individuals or organizations that is not done within the direct control of a judicial system. For instance, an extrajudicial decision could be made in a workplace after a round-table discussion amongst colleagues. It could also be a private arrangement made between two parties outside of the court.
Examples of Extrajudicial in Practice
In modern times, there are many examples of extrajudicial processes in action. Arbitration is one such example, as it bypasses a traditional trial for two parties involved in a dispute. Both sides will agree to bring in an independent third-party arbitrator to make a decision, and this decision is legally binding. Similarly, mediation is another example of a non-judicial process in which two parties involved in a dispute will agree to submit to the judgment of an independent mediator.
When Is Extrajudicial Used?
In many cases, extrajudicial procedures are a useful alternative to the traditional court system. For instance, they can often provide a fast and cost-effective process for resolving conflicts. Additionally, they can give parties involved in a dispute, such as businesses, more control over the decision-making process. For example, businesses may be able to choose their own mediator, while in a courtroom trial, they would have to accept the appointed judge.
Bottom Line
In sum, extrajudicial refers to actions outside of the court system. This includes processes such as arbitration and mediation, which are often used in place of a traditional court proceeding. By using extrajudicial processes, parties involved in a dispute can come to an agreement on their own terms without the need for a court case.