LAW1101 INTRODUCTION TO LAW
LAW5201 COMMERCIAL LAW
The roots of your neighbour’s tree have grown under your path and broken it. They have also clogged your sewerage pipes. On the other hand you have often taken the fruit from your neighbour’s tree. At a Christmas gathering gone wrong, you both threaten to sue each other. In this dispute, using non-adjudicative processes by Mediation or by using adjudicative processes by litigation can solve the case as the dispute is between two neighbours. The following are the advantages and disadvantages of mediation (Goldberg, Green & Sander 1985) and litigation (Levin & Golash 1985). Advantages of mediation
a) The process Provides high confidentiality and avoids publicity. b) The process is simple, inexpensive and flexible.
Disadvantages of mediation
a) The process does not always lead to a settlement agreement. b) It does not produce legal precedents.
Advantages of litigation
a) The process is efficient, economical
b) The process involves less risk and better results.
Disadvantages of litigation
c) The process is formal and usually inflexible
d) Court action can be expensive, for some cases, the cost to each party can exceed the amount in dispute.
With the help of a mediator can help in resolving the dispute by presenting the after effects of proceeding legally. One of the other neighbours here can act as a mediator to solve the dispute. Or by the method of litigation they can proceed for further hearing by providing the evidences and wait for the decision by the judge.
Sally is pregnant when she an Billy separate. Sally tells Billy that she is not sure whether Billy is the father of the unborn child. They are both high profile sports people, but do not have much money. They are very angry with each other and do not understand the science behind DNA testing. How could they resolve this dispute? In this dispute,...
References: Goldberg, SB, Green, ED & Sander, FE 1985, Dispute resolution, Little, Brown Boston.
Hensler, DR 2003, 'Our courts, ourselves: how the alternative dispute resolution movement is re-shaping our legal system ', Penn St. L. Rev., vol. 108, p. 165.
Levin, AL & Golash, D 1985, 'Alternative Dispute Resolution in Federal District Courts ', U. Fla. L. Rev., vol. 37, p. 29.
Makrydimas, G, Georgiou, I, Kranas, V, Kaponis, A & Lolis, D 2003, 'Prenatal paternity testing using DNA extracted from coelomic cells ', Fetal diagnosis and therapy, vol. 19, no. 1, pp. 75-7.
Mistelis, LA 2001, 'ADR in England and Wales ', Am. Rev. Int 'l Arb., vol. 12, pp. 167-441.
Silberman, RG, Murphy, SE & Adams, SP 1993, 'Alternative Dispute Resolution of Employment Discrimination Claims ', La. L. Rev., vol. 54, p. 1533.
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