LAW5201 COMMERCIAL LAW
The roots of your neighbour’s tree have grown under your path and broken it. They have also clogged your sewerage pipes. On the other hand you have often taken the fruit from your neighbour’s tree. At a Christmas gathering gone wrong, you both threaten to sue each other.
In this dispute, using non-adjudicative processes by Mediation or by using adjudicative processes by litigation can solve the case as the dispute is between two neighbours. The following are the advantages and disadvantages of mediation (Goldberg, Green & Sander 1985) and litigation (Levin & Golash 1985).
Advantages of mediation a) The process Provides high …show more content…
The following are the advantages and disadvantages of conciliation (Hensler 2003) and litigation (Silberman, Murphy & Adams 1993).
Advantages of conciliation a) Resolve your dispute mutually, quickly and inexpensively. b) Tell your side of the story in a private environment.
Disadvantages of conciliation a) Conciliator does not play a determinative role. b) The process does not always lead to a settlement agreement.
Advantages of litigation a) Process is transparent, open and Public record b) Verdicts final, subject to appeal
Disadvantages of litigation
a) A dispute would be publicly embarrassing
b) Expensive and time-consuming
During conciliation process, if Carl provides evidences for making the decision and convince the union, then Chia have to follow the orders of Carl or else Carl have to compensate and reappoint Chia to day shift by agreeing the fact that he had made a wrong decision . Or by the process of litigation the case can be solved by the rule of law. By using either one of the dispute resolutions will help to solve the case. The best way to solve this dispute without much complication is to choose conciliation process.
Goldberg, SB, Green, ED & Sander, FE 1985, Dispute resolution, Little, Brown Boston.
Hensler, DR 2003, 'Our courts, ourselves: how the alternative dispute resolution