Sunday, July 28, 2019
Law Essay Questions Example | Topics and Well Written Essays - 2500 words
Law Questions - Essay Example Law Essay Questions The parties should have a high probability of the outcome of the mediation process before engaging a third party to listen to his or her views. The outcome of the mediation process may not vary much compared to litigation through the court system and even more the procedure is conducted in a friendly environment (Thompson & Gordon, 2014, p. 134). However, the mediation process could result to additional expense in some cases and possibility of delay in case the parties fail to arrive at an agreement. In the case of Halsey v Milton Keynes [19], the court provided direction ADR is beneficial to the disputing parties because it helps them reach consensus at greater efficiency and cost effectively. Cost efficiency is achieved where the mediation process is carried out through Family Mediation Service or court system because most of the costs are borne by the state. Furthermore, even in a situation where mediation is provided by private mediators the cost is shared by the parties concerned. Therefore, ADR is can be cost effective dispute resolution mechanism though this will be only applicable in cases where there is a successful settlement of the issues between the parties involved. The conflicting parties are sometimes involved in the mediation process thus giving them some control of the process. The time when issues can be settled, and the privacy of the matters discussed between mediators and the conflicting parties are of great significance to the parties.
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