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  • Essay / Characteristics of the Litigation and Mediation Process

    There are various characteristics of the litigation and mediation processes, each affecting the parties to a dispute. Determining these effects depends on the process, the approach taken by the third parties, the role of the third party, the subject matter of the disputes and the binding nature of the final result. The objectives of each process also play a critical role in determining the impact felt by the parties. There are a multitude of features of litigation that have a variety of effects on the parties to a dispute. Disputes, also known as legal disputes, are civil proceedings in a court between disputing parties, in which the plaintiff initiates an action in which a court is asked to decide the dispute between the plaintiff and the defendant(s). . The rules and basis that govern litigation is the adversarial trial system, in which two opposing parties fight to win their case. The role of the adversarial system is to determine how the parties resolve their disputes. Each role in this system has various effects on the parties and the litigation process. For example, the role of the judge or magistrate in the litigation process is to act as an independent, impartial and impartial arbitrator. Among other responsibilities, including ensuring compliance with the rules of evidence and procedure, the judge must determine the outcome of the case and the appropriate remedy (unless there is a jury) in accordance with the law, the facts of the case and legal precedent. As James Burrows Thomas stated, "Independence, impartiality and service to humanity are the three principal imperatives which underlie our system of judicial ethics...without which the system would fail because the necessary trust of the public is in the middle of paper. .....ions, just as disputes are not. It has been suggested that “…mediation is most effective where the adversarial litigation process is weakest, that is, where there is a long-standing relationship”. Some conflicts, such as neighborhood conflicts or family conflicts, are considered suitable for mediation, while conflicts in which there is no ongoing relationship, where there is violence or an imbalance of power are suitable more to a dispute. There is a huge contrast between the characteristics of litigation and mediation. processes, each having a different effect on the parties to a dispute. Whether it is consultative or non-consultative roles, the nature of the relationship between the parties, the binding nature of the end result, the formality of the process or even the objective (past and future) of the process, each aspect plays a key role. role in how parties respond to each dispute resolution method.