A state consumer agency has had a number of complaints against a car repair serv

Question

A state consumer agency has had a number of complaints against a car repair service. It seems customers are being told they need repairs when in fact they do not need them. This is especially true in the brake repair department. The consumer agency believes that many customers are being told they need new brakes when in fact the brakes are worn but not dangerous.
Lisa was one of the customers who bought new brakes when she really did not need them yet. In an essay of one page answer the following questions: Would you encourage Lisa to use mediation or litigation in her claim against the car repair service? Why? What are the advantages and disadvantages of each process for Lisa?

Explanation / Answer

1-lisa should go for mediation rather than litigation if she Voluntary want to take action against car repair service as in mediation there is a single mediator who does not judge the case but facilitate the healthy discussion which eventually leads to smooth resolution of the dispute on the other hand process of litigation is very lengthy,time consuming and expensive for the respective dispute

2.There are large number of advantages of mediation over litigation below are some major advantages

ADVANTAGES OF MEDIATION:-

a. mediation is cheaper than litigation

b. Preparation for mediation is far easier and simpler than litigation

C. Mediation is a much faster process than litigation

d. Mediation provide benefit to parties to work together and then reach to the final settlement and then continue together working as per further requirement

e. After the settlement if any other dispute arises then new mediation process can be scheduled without affecting prior settlements between the parties

Disadvatages of mediation

a.it is necessary that mediation would always will end up with settlement aggrement.despite parties best efforts

The dispute may not always be resolved

b.the informal nature of mediation can lead to illfare If the parties associated with the respective case has a mismatched level of sophistication,power and resources which could possibly results in unfavorable settlement

Advantages of litigation

a. clear procedure and standard of regulations

b.formal procedure of settlement,and scrutiny

c. Judicial decision

D. Formal procedure for proof and settlements

e. Respective parties can access procedural rules and remedies associated

DISADVANTAGES OF LITIGATION

a.it is very expensive

b. If is very Time consuming

C. It is difficult for parties to dicide outcome and select judge

d. Solution imposed on parties through judge can dissatisfy clients

e. Focuses on the previous mistakes and person responsible for the same

f. Decisions are made through the balance of probability

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