The Boundary Fence Dispute

The Boundary Fence Dispute

Summary of Legal problem

This problem that Alice faces does not seem like a legal problem at

all, but instead a common dispute. Alice has raised the issue about

the boundary fence being in poor condition to her neighbour Boris, and

that she wanted to have it replaced or at least repaired, but Boris

refused to even consider paying his share. This is not just a common

dispute, but indeed a legal problem. Alice shouldn't have to pay the

full price for the repair of a fence which they both share, but

instead the costs should be shared between the both of them. But since

Boris has refused to pay his share of the repair of the fence, a legal

problem has occurred.

Description of various sources of legal assistance available to Alice

In a dispute such as this, there is not much the law can actually do

to solve the problem until all other methods of dealing with the

dispute have been tried out. These methods start off from negotiating

with the neighbour, through to mediation, which is a process that

includes a third party of two mediators to help assist the two parties

to reach an agreement between themselves. Mediation is seen as a

better alternative than taking a dispute to court simply because of

its informality and flexibility. It is less time consuming and less

expensive, which is a great benefit when dealing with minor disputes

such as this fence problem. Mediation is a great way of settling

disputes as it brings both parties on neutral grounds, and lets them

settle the dispute themselves. But if in the rare case that mediation

does not settle the dispute, then the matter is able to be taken to

co...

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...because the legal system relies so heavily

on oral evidence and therefore she would be at a great disadvantage

when appearing in court. Some people may even be aware of their

rights, but they might have difficulty in communicating their problems

in the legal system. To overcome this problem of not being able to

communicate properly in the legal system, Alice may need the services

of an interpreter, to help get her thoughts across, although it would

slow the process down a notch.

§ Ability to pay for legal assistance

The high cost of legal representation can influence a person's

decision about whether to take a civil matter to court or not, or

whether to abandon a claim. Solicitors are extremely expensive so a

good alternative would be legal aid as they are free to use and don't

leave a huge dint in your wallet.