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Business Law Essay

1122 words - 4 pages

Business LawIndividual AssignmentDhakshani Dharmadeva0000 2614Malraj B.KiriellaLAW3000- Section 2February 22nd 2014The American judicial system is a well established way of providing a fair resolution to legal disputes. However, many people agree that going to court is an expensive and time consuming way to come to a resolution. this is where Alternative Dispute Resolutions (ADR) comes as an option. ADR are alternative methods that; an independent, objective and impartial third party provides the parties of the legal dispute to reach an agreement about the dispute by bringing them together and communicating with each otherThere are four main types of alternative dispute resolution techniques that are commonly used in the United States. They include mediation, arbitration, conciliation and negotiation each of which will be discussed below.MediationIt involves a neutral, called a mediator, who assists the parties in negotiating an agreement. The mediator serves as an "agent of reality" to help the parties frame the issues, structure negotiations, and recognize self interests as well as the interests of the other side. Mediators may be, but are not necessarily, subject matter experts concerning the substantive issues in dispute. The mediator may be court-appointed or chosen jointly by the parties. The parties may meet with the mediator together or individually as the circumstances dictate. A meeting between one party and the mediator, called a caucus, allows the party to privately express emotions and core interests. These private sessions avoid alienation between the parties that might otherwise inhibit open communications. Mediators are not vested with any decision making authority and cannot impose resolution on the parties; the parties make decisions themselves. If the mediation is successful then the parties will sign a legally enforceable mediation agreement to which they each agree to abide. If the mediation is ultimately unsuccessful then the parties will fail to reach an agreement and can take their dispute to court. However, the mediator, like a facilitator, serves as the proponent of the process to keep discussions moving on track.for example, The dispute had run for over 6 years. Both farmer and neighbour argued that they owned a hedge running along the boundary of a very old bridleway track. For the duration of the argument the hedge could not be cut or trimmed. Gradually the views over the countryside disappeared as the hedge grew higher. Access was prevented along the track.The dispute went to litigation and the solicitor and barristers fees grew at an alarming rate. Following a series of Court hearings and appeals the case dragged on and costs accrued. Relationships became strained within the family as the neighbours grew older and positions became entrenched.Finally the two parties obtained an order to stay the legal proceedings and mediation took place. The parties agreed to a settlement, redefined the boundary and rights of...

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