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.
Despite the numerous advantages,
...Download file to see next pagesRead More
This essay discusses that business law is the law that is appropriate to business units like partnerships and corporations. For sometimes, QuizLaw has concentrated on the laws associated to the locations and creations like a business. However, most business cases involve disputes brought about by business rivalry, competition or misunderstandings.
However, this evolved in steps – first, the arbitration clause began to be considered as separate from the underlying contract; then, even though it was separate, it was held that it did not survive the end of the contract; then it was held that it would survive the end of a contract, and would survive if a contract was voidable, but no if a contract was void.
Alternative Dispute Resolution (ADR) is a general term used to describe different methods employed to resolve arising disputes instead of filling for litigation.1 The fundamental principle of ADR is that disagreeing parties should always try to avoid litigation when possible.ADR when applied to internal business, aims to resolve disputed expeditiously and fairly by limiting the process within the business managers together with their legal advisers and avoiding litigating lawyers, judges as well as courts.
The Middle Ground Essay Name Course Instructor’s Name Date The Cover Letter 1) What was the purpose of the essay? What do you plan to accomplish with this essay? What do you hope the reader takes away from this argument? The purpose of the essay is to apprise the readers on the current maritime and territorial dispute that exists between China and the Philippines.
The situation gets even more critical when the parties involved are international. This problem of the modern day requires a modified approach. For which the construction industry has resorted to Alternative Dispute Resolution (ADR) Techniques. ADR is a new approach which was brought forward in 1980-1990s.
Due to the increasing use of the Internet worldwide, the number of disputes arising from the Internet commerce is forever on the rise. Numerous websites have been established in order to attempt at resolving or at least partially solving this dilemma; as well as to facilitate the resolution of disputes that occurs offline.
In the case where a dispute is among two members of the team then the duo can resort to mediation. Any issue that arises within a team needs to be sorted either with mediation or using negotiations. In the case that neither of the two works out a solution
licy with regards the way in which therapies are integrated with the patient are almost always based upon the means by which the action will integrate with the disease or illness in question (Cheng & Ives, 2010). However, with regards to alternative remedies, one of the most
that schools are not only meant to teach but also required to measure the child’s individual mastery of concepts and skills and also to gauge the individual acquisition of the entire study. This paper therefore is about a critique on reaction report based on alternative
Alternative dispute resolutions provide a fast and cost efficient method of solving disagreements (Twomey and Jennings 25).
Arbitration is the use of outside arbitrator(s) chosen by the concerned parties to solve the cases. The concerned parties each
2 Pages(500 words)Assignment
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Assignment on topic Alternative Dispute Resolution Assignment for FREE!