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Alternative Dispute Resolution - Assignment Example

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While litigation is always the conventional judicial process, the rising number of court cases contribute, the high cost of the process and the slow nature of…
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Alternative Dispute Resolution

Download file to see previous pages... Mediation and arbitration are applicable in different scenarios and have a number of advantages and disadvantages as the discussion below portrays.
Litigation refers to the use of courts in resolving conflicts. An aggrieved party initiates the process by reporting a matter at the law enforcement agencies who in turn investigate arrest and prosecute the suspect. The nature of litigations varies depending on the rules and laws in every jurisdiction. Litigations are systematic and strive to uphold justice for both the victim and suspect. Ligations are appropriate in a number of circumstances. They are useful in high stake cases. Political conflicts, murder cases, defamation and economic conflicts among companies always end up in courts owing to the intensity of the conflicts and the seriousness of the damages that victims incur from such cases. Key among the advantages of litigations is the fact that the proceedings are systematic. As explained earlier, litigations begin with investigations (Kerley, Joanne and Paul 78). In every stage, the law enforcers among other parties involved such as the prosecutors must always uphold the dictates of the law that help protect the interests of both the victim and the suspect.
Proving a case beyond reasonable doubt makes litigations just and fair. The judges or jury must consider the evidence and the witnesses’ accounts as they make their determination. Miranda rights and the right to appeal help enhance the quality of the justice system since it provides both the victim and the suspect with a number of basic privileges that enhance the exhaustively of the investigations and the quality of the court proceedings in order to improve the quality of justice. In case a defendant is not satisfied with the ruling, such individuals have the rights to appeal the rulings and the courts of appeal must institute appropriate benches and rehear the cases.
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