Thursday, July 25, 2019

Litigation v. Mediation Essay Example | Topics and Well Written Essays - 500 words

Litigation v. Mediation - Essay Example f a lawsuit, case, or controversy – which is a contest authorized by the provisions of law, and at a court of justice – which is aimed at the realization or the pursuit of enforcing the breached rights or the expected parts of the deal in question. The participants in such a case are the plaintiff and the defendant – who within the subject of the lawsuit are referred to, as the litigants. Mediation on the other hand, is an ‘alternative dispute resolution’ model, which is used to complement or substitute other modes – as a way of assisting the disputants reach an agreement, through the creation of improved dialogue between them. In such a case, the parties involved are to consider the mediation process – as resolving the dispute to their mutual advantage – besides facilitation by an impartial mediator. Considering that the dispute is of a business nature, it is conclusive that the right or the duty to be enforced must have some financial value – as well as a time-span within which its value may be perceived. Therefore, in the case the legal pursuit is to extend to the level – which the value of the legal practice or pursuit exceeds the value of the breached agreement; then from a business perspective, the pursuit will not be logical or rational. On the basis of this argument, mediation as opposed to litigation is a better option; as it will require less time and cost incurrence. The advantages that Alexander is likely to enjoy, in the case he chooses to take mediation instead of litigation include the following: A timely resolution of the dispute, which is basically – because the neutral and experienced third-party will push for increased dialogue between the disputants, from which better understanding of the dispute premises will be established, therefore making the case easier to resolve. In this regard, the better understanding as well as the pursuit for voluntary agreement and mutual advantage will enable the disputants to arrive at

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