Essay on An Alternative Source Of Formal Litigation

1015 Words Apr 6th, 2016 null Page
Methods like mediation, conciliation and arbitration, are becoming an alternative source of formal litigation. People are more familiar with these processes as they understand the advantages of these process and how they will assist with parties while resolving their dispute. 1 Since methods like mediation, is considered by some people to be a more appropriate resolution method, some may argue that mediation should form part of the civil pre-trial procedure as it will speed up the procedure, as well as reduce the litigation fee. However, the formality of civil pre-trial procedure ensures that both parties have an equal opportunity to present their case. Mediation, on the other hand, encourages informality. Therefore, sometimes a weaker party may be disadvantaged. In addition, not all cases are suitable to go through mediation as mediators do not have the expertise to do so. Hence, mediation should remain being part of the Alternative Dispute Resolution and separated from the pre-trial civil litigation process.

Due to the formality of civil pre-trial procedure, having mediation form part of the civil pre-trial litigation process will distort the purpose of ADR. ADR is known for its quick, satisfactory and inexpensive way to resolve dispute. 2 Some methods, such as mediation involves the presence of an impartial third party who facilitates discussion and communication between parties. 3 They also help them to reach a mutually satisfied agreement. Civil pre-trial procedure…

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