Mediation vs litigation - Essay Example

lawyers to facilitate the presentation of their evidences and often, the lawyers may handle the case in very adversarial and aggressive tones (Tiersma, 1999). As a consequence, the litigation becomes disadvantageous to both parties and those who are weak and those who have no financial capacity to sustain the litigation process fell out of the balance or loss the case (Tiersma, 1999). The court processes is very legalistic in ways. Its communication system is often complex and misunderstood. Clients, often non-lawyers, do not understand the language of the law and lawyers on the other hand, lawyers cannot comprehend well the people’s language who are not fluent on the standard language of the legal system.

Many of their documents are lengthy, overwritten, repetitious, and the legal language has its own peculiarity and effects in whatever context (Tiersma, 1999). There is explicit use of the laments of legalism in thoughts and in its logical structure in its documents. It will doubly complicate when lawyers start to argue using Latin maxims (Tiersma, 1999). Legal luminaries argued that the courtroom language has certain structural complexity which could either be syntactic complexity, inter-sentence complexity, phrasal complexity, and lexical complexity (Tiersma, 1999).

Syntactic complexity adds to difficulty in comprehension. Although there was a recommended use of plain language but when the judge provide information and guidelines about the trial and evidences and about the utilization of the framework of the law (Tiersma, 1999). Since jurors are not equipped with legal knowledge, they weigh such responsibility of determining the verdict but must do so, using their considerable power, without endangering the fairness of the trial (Tiersma, 1999). There is therefore a problem in the language intended for lay jury and the language used by legal luminaries.

Hence, the discourse is ruled by grammar constructions, conventions, legal vocabularies and language