Theory Dispute Resolution Essay

Words: 1947
Pages: 8

Sophocles And Plato LLP, Republic Chambers,
High Street Canterbury,

Dear Mr Varden I am writing to advice you on the actions you should take that will benefit you the most considering your current situation. After a lot of consideration, we at Sophocles and Plato LLP of Republic Chambers believe that the best way to resolve your dispute with Motor Services (Medway) Ltd would not be through the use of litigation as you stated your intentions in your case file however would be to engage in an alternative dispute resolution (ADR) first, with litigation being a final resort. Our professional opinion noted that mediation would be the best process to use for your specific situation as will give you the best
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As negotiations have no set agenda or direction it may often lead to irrelevant tangents as both parties are too involved in the dispute which may take a long period of time and therefore they may lose track of what the overall goal is and what they want out of the dispute, which is to finish the dispute with a mutual agreement. Furthermore as the tension builds it creates more frustration and anger between the two parties which will therefore build more barriers and make it hard to agree with.

There are many benefits to negotiations such as being able to barter and find a mutual ground for an agreement as there can be several offers received and given to find a point which will benefit both parties. It is also beneficial that when partaking in a negotiation it is informal yet you can have legal aids to help you try and create a settlement that will benefit both parties. These maybe beneficial however everything that is said can be used against you in the court, where as if you were to use a mediation you would be able to benefit from all these advantages and have a mediator guiding you and anything said would be confidential.

When looking at the process of litigation there are many risky factors that you have to consider which is why we tend to advise to mediate first as you can gain an understanding of how the litigation is going to unfold without the having the high risk