Features Of The Litigation And Mediation Process

931 words - 4 pages

There are various features of both the litigation and mediation processes, each affecting the parties to a dispute. Determining these effects depends on the process, what approach is taken by the third parties, the role of the third party, the subject of the disputes and the binding nature of the final outcome. The objectives of each process also play a vital role in determining the impact that is felt by parties.
There are a multitude of features of litigation which have a variety of effects on the parties of a dispute. Litigation, otherwise known as Legal Disputation, are civil legal proceedings in a court between contesting parties, in which the plaintiff commences an action in which a ...view middle of the document...

Additionally the litigation process focuses on past events rather than future affairs. The litigation process mainly due to legal representation can be a very high cost venture. Along with the delays accustomed with courts this can cause parties hardship.

The strict rules of evidence and procedure found in the litigation process helps the parties feel they are being treated fairly as all parties are treated the same, and each party is able to present their case themselves while also testing the other parties evidence and witnesses. Legal representation additionally was found by the Australia Law Reform Commission to “assist the efficiency and efficacy of the civil justice system” . Along with Legal representation parties have full control of their case allowing them to feel in powerful and that their case is being presented in the best possible light.

Mediation is a different process from traditional litigation for resolving disputes. Mediation is a form of ADR (Alternate Dispute Resolution), in which a third party (a mediator) helps improve the dispute resolution process and “assists parties to reach an outcome to which each of them can assent, without having a binding decision-making function” . Mediation is facilitative meaning that the mediator does not have an advisory role. There is a variety of approaches in mediation including forms such as transformative, narrative, therapeutic, etc. Additionally hybrid forms of mediation have developed over the years creating a variety of features for each approach and form. These varieties of mediation including the traditional facilitative model allow for custom made “win-win” solutions to be generated. The absence of the adversarial nature of litigation and the reduced formality means the parties feel less...

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