Preview

Theory Dispute Resolution

Better Essays
Open Document
Open Document
1954 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Theory Dispute Resolution
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 chance to come to a mutual agreement and resolve this dispute without the need for legal intervention. I will now explain why mediation is the best option for you.

Mediation is a process which allows a flexible and informal way of negotiating with the introduction of a third party which allows the discussion to run smoothly, furthermore all that is said in the mediation is confidential and anything said cannot be used in court. As this dispute has been deliberated for over half a year we believe that it is in both parties interests to get it sorted as soon as possible therefore we believe that the introduction of a third party mediator would be beneficial as he would create an appropriate environment for resolution as he encourages communication and while structuring the discussion to gain a mutual agreement. mediation will allow for the dispute to be moved along as it allows both parties to focus on bringing the argument to an end rather than continuously disputing the facts as its clear in this case that there are many situations that are unclear and do not match. As Mediation is a way of trying to get a result you have to be open and honest with what your wants and needs are as it will allow for the mediator to gain an

You May Also Find These Documents Helpful

  • Good Essays

    Negotiation, mediation, and arbitration are methods to pursue in this case. Mediation is appropriate for this case because the mediator elevates the evidence to determine the best solution for both parties. The mediator promotes settlement for the case and indicates pointers to resolve the dispute. Cheeseman (2013) stated, “If the parties agree to a settlement, a settlement agreement is drafted that expresses their agreement. Execution of the settlement agreement ends the dispute. The parties,of course, must perform their duties under the settlement agreement. If an agreement is not reached, the parties may proceed to a judicial resolution of their case” (p. 54). “Litigation is a difficult, time-consuming, and costly process that must comply…

    • 604 Words
    • 3 Pages
    Good Essays
  • Good Essays

    It has come to my attention that there has been a state level business dispute which is submitted to ADR (Alternative Dispute Resolution). So here, I will discuss about the various methods of ADR. Also, I will suggest/recommend which method of ADR should be used to resolve this case out of court. Further, there will be some discussion on differences between traditional litigation process and ADR.…

    • 781 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Mgt441 Assignment 4

    • 652 Words
    • 3 Pages

    “Third-party involvement includes mediation, fact-finding, and arbitration”(Fossum, 2015, p.409). Mediation is a party that assists the involved party however remains neutral. Mediation will find a common ground where the parties involved can communicate together in order to find a solution to whatever problem or task is at hand. However easy this may sound the task of bringing a disruptive party together can seem next to impossible. The goal for the mediator is to bring not only communication to the table but also an agreement.…

    • 652 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The role of the Mediator will be that of a neutral third party, who will have no long-term interest in the consequences or outcome of the dispute. His or her role will be that of a facilitator and advisor in the settlement negotiations. The Mediator may comment on issues and express his or her opinion regarding the relative strength or weakness of the parties’ positions.…

    • 610 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Another strategies of resolutions through in the ADR process in the situation of problems in the Learning Team is the mediation. Team member with current or previous involvement in disputes are not able to intervene as arbitrator. According to "San Diego Court” (2014), Mediation is a confidential, non-binding process in which a trained mediator facilitates communication between disputants and assists parties in reaching a mutually acceptable resolution of all or part of their dispute. The mediator is not the decision-maker and does not resolve the dispute, the parties do. However a mediator is often able to more fully explore the parties' underlying interests, needs and priorities ("San Diego Court ", 2014). The ADR Clause is a faster process and more effective that a litigation.…

    • 347 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    While courts provide an essential service to our society, there are times when taking an issue before a court is not the best option. Litigation can be costly and time consuming; which is why Alternative Dispute Resolution (ADR) has become a valued form of handling legal matters, as it can help resolve a case more quickly and economically (Alford & Kaufman, 1999). Understanding ADR involves recognizing its purpose, looking to see how it can be applied in a situation, and supporting and understanding the provisions for which an ADR can effectively take place.…

    • 1151 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    Alternative Dispute Resolution (ADR) is an important aspect of the court’s structure in that it allows disputes to be resolved without the need for litigation. The different types of this key alternative will be discussed along with a pros and cons of each alternative type. A personal perspective of how ADR has worked for me in the past will be included as well as what type was used.…

    • 924 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Mediation is defined as an informal, non-binding process where a neutral party helps two other parties’ cone to a mutual resolution where sometimes these conflicts seem impossible to reach when it is left to only both parties (Masucci, 2003).…

    • 359 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The ultimate goal of the mediator is to assist two or more feuding individuals by helping them reach an agreement; they often facilitate communication between feuding parties in order to reach common ground in a timely fashion. While the mediator does help assist the two parties resolve conflict, the mediator is not the decision maker. Ultimately, the conflict will be resolved by the two feuding parties and not the mediator Worldwide Legal Directories, 2010).…

    • 590 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The decision made by the arbitrator is legally enforceable (binding). Private arbitrators may be asked to arbitrate on matters that were not able to be resolved through negotiation or mediation. Mediation is a joint problem-solving process in which the parties in conflict sit down and discuss the issue involved, develop options, consider alternatives and reach an agreement through negotiation. The mediator does not interfere, but keeps the lines of communication open. Although a decision reached during the mediation process is not binding on the parties, parties tend to be more committed to a decision reached in this way and are more likely to uphold…

    • 753 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Winter 2013 Midterm

    • 1288 Words
    • 5 Pages

    sure what mediation is but it sounds cheaper than going to Ottawa and the Supreme Court of Canada for a trial.…

    • 1288 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Dispute System Design

    • 2701 Words
    • 11 Pages

    Ury, Brett, and Goldberg pioneered Dispute Systems Design (DSD) in the 1980s, as a method for resolving intractable or frequent conflicts in troubled organizations, businesses, or entire industries. Their pioneering work was done at the Caney Creek Coal Mine, a mine that had been plagued by strikes in the 1970s.[4] At the center of their method were three heuristics for analyzing conflicts and designing new systems, which could deal with these conflicts quickly and efficiently, before they escalated into the frequent strikes, and lockouts that had been occurring at this mine almost routinely.…

    • 2701 Words
    • 11 Pages
    Good Essays
  • Good Essays

    Resolving Legal Disputes

    • 661 Words
    • 3 Pages

    Addressing International Legal and Ethical Issues Simulation SummaryAddressing International Legal and Ethical Issues Simulation Summary…

    • 661 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Maria, a client in Buffalo, New York calls and says, “as you Know, I am a contractor who specializes in repair of problems that arise in commercial buildings. I’m thinking of inserting a provision in all of my contracts that requires any dispute to first be mediated and if that does not work, to be arbitrated by an arbitrator who is a member of the American Arbitration Association. I am nervous as to whether the New York state courts will enforce these sorts of provisions, especially if they are part of my form contract. Do me a favor: Do some research from federal and state case law in New York and let me know what New York courts’ attitudes have been to arbitration and mediation clauses, and in general what the courts have said about the desirability of using ADR methods to settle disputes.…

    • 763 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The mediator uses empathy, congruency and unconditional positive regard. Both people have to work together in the process to see how to work out their own disputes rather than always letting the mediator settle it out for them…

    • 631 Words
    • 3 Pages
    Satisfactory Essays