Consensual Dispute Resolution In Law

666 Words3 Pages
Introduction Ted and insurance company SBI Ltd hold different views regarding the value of a Volga bus which was seriously damaged in an accident, and meanwhile, SBI Ltd suggests a meeting with Ted to discuss this dispute. This paper intends to explore two consensual dispute resolution processes, negotiation and mediation, and further consider how these processes might be applied in the case. Paragraph 1 With the aim of reaching a beneficial, consensual agreement, negotiation is recommended for resolving dispute in the first place. Besides negotiation could afford the possibility of early resolution, thereby saving substantial resources; also, an opportunity for direct client participation so that an agreement would satisfy the interests of both parties more completely than a relatively inflexible legal remedy is available. In the case of Ted & SBI Ltd, (......). Major strategies should be considered by a negotiator, before an informed choice is made, include competitive approach or collaborative approach. The competitive approach is fairly simple, and favored by negotiators who require more than an agreement is only marginally better than the BATNA. However, assuming a fixed pie is divided as a result of the negotiated outcome, one side acquires more means less for the other side. In the end, there is usually not an objectively fair outcome so that negotiation fails. On the other hand, the original relationship between negotiated parties is likely to be damaged when tactics such as threats, intimidation and exaggerated claims appeared in the process. With a high rate of impasse, there is a greater chance that the parties will break off negotiations, and the case may be filed in court to proceed to hearing which proves both time-c... ... middle of paper ... ...een as the mainstream approach by most mediators for its outstanding appropriateness on any type of dispute, especially where the parties will continue to have an ongoing professional and/or personal relationship with each other, in contrast with settlement mediation not focusing on an ongoing relationship. The introduction of a facilitative mediator always attempts to involve the parties in focusing on the future and not the past and on solving problems rather than assigning fault, and addresses interests instead of blaming and justifying. In the case of Ted & SBI Ltd, (.......). At the same time, the model of transformative mediation is appropriate not only where relationship issues are part of the dispute itself but also where it is important to change the relationship so the ability to deal with other differences is improved. In the case of Ted & SBI Ltd, (....)
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