Client Letter - djdjd PDF

Preview

Summary

djdjd...

Description

Idris Malik Founder ‘Hubz’ Artisan Bakery London Road Leicester Re: Advice regarding the provision of various dispute resolution methods as a means available at the expense to resolve the matter at hand Dear Idris Malik I have been made conscious of the fact that you wish to undertake this matter irrespective of any visits to the courtroom, and it is in this instance whereby the legal intention of Alternative Dispute Resolutions come into deliberation. Alternative Dispute Resolution includes alternative methods of helping people resolve legal problems before going to court. There is an involvement in of an independent third person, called a “neutral” who tries to help resolve or narrow the areas of conflict in ADR. Alternate Dispute Resolution means the wide variety of methods by which conflicts and disputes are resolved other than through litigation. Alternative Dispute Resolution refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory. Mediation The most popular form of ADR is mediation. Mediation is a process of dispute resolution focuses on effective communication and negotiation skills. The mediator role is to help the parties in communicating and negotiating more effectively, thereby enhancing their ability to reach a decision. It is not the mediator’s role to adjudicate the issues in dispute and indeed the mediator has no right to do so. Mediation is not a process to force compromise, although compromise is an element of the process. Each party’s limitations are respected and a party is only expected to make a change in its approach to the problem if it becomes convinced that it is reasonable to do so. The advantages of mediation are many. Some of the benefits mediation offers include:    

Effective Process: Mediation generally enjoys an 80%-85% success rate. Better Results: The resolution is created by the parties. Speed: Mediation is focused in resolving the problem quickly. Cost: Mediation is not expensive.

Disadvantages of mediation:    

Since the decision is at the discretion of the parties, there is the possibility that a settlement between the parties may not arise. It lacks the support of any judicial authority in its conduct. The absence of formality- Mediation proceedings are lacking in any procedural formality since they are not based on any legal principle. The truth of an issue may not be revealed.

Arbitration Arbitration is a mode of ADR wherein the dispute between the parties goes through a process to achieve an amicable resolution by an impartial third party known as an 'arbitrator,' without recourse to litigation. In the case of arbitration, the arbitrator, after reviewing the dispute between the parties comes to a settlement. Such a decision taken by an arbitrator shall be binding on both parties. Arbitration can either be voluntary or mandatory. In the case of compulsory arbitration, the parties to the dispute enter into Arbitration either under a statute, an order of the court, or through a specific clause included in the contractual agreement between the parties. Whereas on the other hand, in the case of voluntary arbitration, it is up to the discretion of parties to enter into arbitration. The decision that results from the proceeding is known as an 'arbitral award.' Advantages of arbitration:     

Flexibility- Arbitration proceedings are flexible and more economically feasible compared to litigation. Time-Consuming- Arbitration proceedings occur at an expeditious rate as compared to Litigation; therefore, it saves time for both parties. Confidentiality- The disputes which are subject to arbitration are treated with privacy, and are not released to the public. Arbitrator- The parties have the liberty to choose an arbitrator to handle their dispute. Enforceability- Arbitration awards are generally easier to enforce as compared to court verdicts.

Disadvantages of arbitration:    

If arbitration is mandatory as per the contract between the parties, then their right to approach the court is waived. There is a very limited avenue for appeals. Arbitration does not provide for the grant of interlocutory applications. Arbitration awards are not directly enforceable; they are executable subject to judicial sanction.

Litigation Litigation, or dispute resolution as it’s also known, involves assistance with disputes and claims which may arise in the course of any commercial transaction or deal. Advantages of litigation 



Parties are compelled to comply with judgments - Due to the nature of the judicial system, judgments obtained through litigation compel parties to comply or they run the risk of being given certain penalties. Discovery - Starting the litigation process will allow you to obtain information from the other side in the form of documents and verbal responses through processes called document discovery and examinations for discovery.

Disadvantages 

 

Longer time frame - Sometimes, depending on the complexity of the issues, cases can take up to several years to be decided by court. This means that both parties to a lawsuit may have to wait a significant amount of time until a judgment is pronounced, and the matter is concluded. Costly - The litigation process can undoubtedly become quite costly with legal fees and other costs associated with going to trial. Damaging relationship - One of the downsides of taking a case to trial is that it is almost always damaging to the relationship between the two parties.

In conclusion I advise that you Mr Malik take up mediation as a method of dispute resolution Mediation as a means of resolving the matter compared to the two opposing methods, as it is a tool that helps retain your near working partnership as a business partner and is highly successful in displacing any feelings that might occur, allowing you and the opposing party to interact in non-threatening ways, preserving the credibility of both the companies....