Dispute Resolution Methods

The parties or their attorneys have an opportunity to explain their view of the dispute.

These mediation proceedings are not conducted under oath, do not follow traditional rules of evidence and are not limited to developing the facts. Mediators are expected to draw out the parties' perceptions and feelings about the events that have brought them into conflict. It also encourages parties to acknowledge

In the adversary there are 8 advantages and disadvantages, The adversary system advantages are; the judge is an independent and impartial party from the executive or legislative. Both parties are allowed to present their own cases, and are treated as equals ensuring the basic right of individuals, and the right to equal opportunity’s are confirmed. Each party is also allowed to cross-examine the other parties evidence, to confirm the accuracy of the evidence. Accused persons are judged solely on the evidence presented at the trial. This determines that evidence such as a past conviction, is inadmissible. This advantage preserves the principle of treating a person as being innocent until proven guilty. Equally, this protects the civil rights of the individual, as the adversary system is structured to permit ten guilty men go free rather than convict one innocent man. Another advantage that the adversary system has is that the accused has the right to be tried by their peers. The doctrine of precedent ensures people are treated consistently, and justly. The last advantage is that all parties have the right to appeal to the Appellate court. Consistently there are also eight disadvantages, that match the advantages. Firstly, the judge is not completely independent as they are appointed by the Executive. When individuals are left to present their own case the trial becomes slow,

There is often unfair advantages in the trial process as not all members of society have the same access to legal representatives or availability of

This technique helps improve the integrity of the courtroom, whereby, it will help prevent the defendant from frivolous claims and will make plaintiffs think long and hard before bringing an issue into court. The severity of the matter will also be an issue for the plaintiff because in order for them to continue, they must literally “pay and play”. This will help solve the matter much quicker and will at times also cause the plaintiff to withdraw if he/she feels as if there isn’t substantial evidence to carry on.

It is promoted as an avenue to resolve disputes efficiently. Arbitration avoids hostility. Parties in arbitration are more likely than not to work peacefully rather than inflate malice against each other. It is a much cheaper option to litigation, especially when the arbitrator chosen is a non-lawyer. It is conducted in a much quicker process, saving much time and stress on both parties in the long run. Scheduling for arbitration is flexible, and can be decided on by the parties rather than fitting in a schedule convenient for the courts. Rules of evidence and procedure are much more simple and lenient. Most importantly, arbitration is handled privately, with no information being released to the public unlike court

This type of mediation may be quite similar to mediation that occurs in the civil context such as personal injury or family cases. Prior to commencing mediation, counsel should ensure that the client is prepared to engage in a give and take, mediation requires the agreement from the opposing side thus neither party is going to leave without some concession. Further, the general public has more exposure to the adversarial approach of courtrooms, as such they will need to be prepared for the relaxed and collaborative approach of mediation.

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures are used if conflict is between employees or members of an organization. The 3rd party, doing the mediation is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process being conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

No one knows how juries will react in certain situations. For most defendants the incentives far outweigh the disadvantages. One benefit is receiving a lighter sentence on a lighter charge than they would have received if gone to trial and lost. They pretty well know that they will be found guilty so they help the court by pleading guilty and saving them time. In return, the court offers a lighter sentence for the plea. Another benefit of plea-bargaining is monetary. If represented by private counsel, the defendant usually spends a bundle on their fees. It takes less time and effort to go through a plea bargain that does a trial. Some other reasons are to have less socially stigmatizing offense on one’s record. Another is just to avoid publicity and the hassle of minor offenses.

(Legal Dictionary) In the criminal court system court time in very valuable and should only be used when necessary. Plea bargaining helps create efficiency in the court system because rather than using resources to take the defendant to court they can settle a deal out of court. Resulting in a benefit for both parties. The defendant will benefit from the plea because they could avoid jail time or even a shorter sentence.

Essay 2: The Plea Bargain If you were accused of a crime that you did not do would you fight for your innocence or perhaps take a plea bargain? One’s first instincts may be to have faith that the justice system will find you innocent but this is not always the case and many accused people end up taking a plea bargain. A plea bargain or plea agreement is defined by Verdun-Jones (2016) as “an agreement by the accused to plead guilty in return for the prosecutor’s agreeing to take or refrain from taking a particular your of action” (p. 169), to illustrate one may take a plea bargain to have a shorter sentence. This essay is going to explore why it may be better for a plea bargain to be discussed in an open court in front of a judge but also what problems this might cause and finally whether or not a victim should have

Plea bargaining provides a number of benefits for the court system. The benefits of using plea bargaining in a trial are listed

Jack and Jill, residents of Orlando, FL, had a nasty incident involving a hill, some water and a broken crown, in which both parties got hurt. Jack and Jill ended up suing each other in Florida state court. After a few months of nasty motion practice, Jill comes to your office and tells you that she's heard of this wonderful thing called mediation, under which she and Jack could be helped to reach a settlement. She has a few questions for you about mediation, all under Florida law:

But with the time people identified limitations of the system which created uncomfortable situations to users due to certain drawbacks hold with the litigation system. Through litigation successive governments has ensured that people are delivered with justice and adjudicated on their disputes. Even though disputes are resolved through litigation people come across so many difficulties, such as stress, expenditure, delay and bitter arguments that pave the way for further disputes.

With all of these acts and statutes being passed, it seemed as though arbitration was the way to go. But as more and more agreements to arbitrate future disputes were executed, other nonarbitral forms of alternative dispute resolution such as mediation and neutral fact-finding became common.