Alexander’s Decision to Litigate or Mediate

Running head: Alexander’s decision to Litigate or Mediate

Alexander’s decision to Litigate or Mediate

John Bates

G00075807

Grantham University

Professor Alfred Prentiss

BA260

November 14, 2019

Abstract

Alexander is involved in a dispute related to his business. Alexander is considering legal action. Why may it be financially advantageous to Alexander’s business to avoid litigation and mediate the case?

Alternative Dispute Resolution (ADR) is defined as any method of resolving disputes other than by litigation. This is less expensive than a formal court hearing and usually more expeditious than litigation. Mediation and Arbitration are the forms and procedures of ADR.

Litigation is defined as the process of resolving disputes by filing or answering a complaint through the public courts system. The natures of complaints become the basis for any settlement negotiations.

Mediation is defined as an ADR whereby a neutral person is present to help resolve the dispute. There are typically two types of mediation, facilitative and evaluative mediation. Facilitative mediation is where the mediator assists the parties to negotiate their own settlement. Evaluative mediation is where the mediator expresses a view on a fair or reasonable settlement with the consent of both parties.

The process of mediation is confidential and private. The distinguishing feature of the process is the presence of the mediator. It has structure, a timetable and dynamics. A regular negotiation does not have these characteristics. Any settlement agreement that the parties agree to and sign becomes binding contract and in most case can and will be enforced in the event it ends up in court at a later date

A mediator will use many different techniques to improve dialogue between the parties involved. He will do this in efforts to speed up the process and help them to reach an agreement. Mediation is a private...