The customer purchased a cuckoo clock from the clock store, paying $500. The cus

Question

The customer purchased a cuckoo clock from the clock store, paying $500. The customer and the storeowner had an oral agreement that the storeowner would mail the cuckoo clock authenticity documents (that verifies it’s a rare clock) within one month. The storeowner now refuses to do so.

For each of Mediation, Arbitration, and Litigation provide in your recommendation any details of a particular method (such as if you recommend Arbitration, would you recommend an informal procedure or a formal, litigation-like procedure). WHY would you make these recommendations? There are many different options within Mediation and Arbitration so be thorough in your analysis. Think of all the advantages / disadvantages for all three resolution options as you compare and decide which you would recommend and EXPLAIN WHY.

Explanation / Answer

In above case , the transaction which took place that is only through oral reference. No any details have been mentioned or contracted in between customer & store owner. So in this case to go in court will be harmful for customer because no any contract evidence.

Following are the meaning , Advantages & Disadvantages of

Meditation , Arbitration , Litigation.

Mediation :

Mediation is an real way of resolving disputes without the essential to go to court. It includes an self-governing third party - a mediator - who helps both sides originate to an contract. Mediation is a flexible process that can be used to settle down disputes in a whole range of situations such as: consumer disputes.

1. Mediation is less confrontational and can be less damaging, expressively for both sides, as well as the children.

2. The parties are in switch and make the decisions – not the administration.

3. The parties can be additional creative in fashioning an contract on how to parent and divide their arrears and assets. A judge is incomplete by law to what they can do. As a result, contracts can be tailored to the unique needs of the family.

4. Parties are more probable to comply with a mediation agreement somewhat than an order which they don’t like instructed by a judge.

5. Mediation is intimate

6. Mediation can save period and money

7. You can choice your mediator, but you can’t pick you magistrate.

8.The mediator has more time to dedicate to the issues than a magistrate does, so the mediator can listen to both gatherings issues and concerns and can try to help the parties resolution them.

Disadvantages :

1. Mediation may consequence in disclosure of information and case philosophies to the other side. However, greatest of the information shared at mediation would be shaped to the other side through discovery anyhow.

2. Imbalance of Power may make the consequence unfair. In some situations each party has comparatively equal power, however in other situations, one gathering has more power than the other. This inequity of power could be due to economic resources, information, personality, culture, age difference or history of national violence.

3. Unrepresented parties may not be conscious of rights and as a result enter into an contract that they otherwise would not have arrived into. This is a legitimate concern, since unless the agreement was signed below fraud, coercion or duress, which is very problematic to prove, the agreement will be compulsory.

4. Success in mediation be contingent on each party’s “good faith” commitment to the procedure which is sometimes missing.

5. Mediation is absorbed on the future, so past conduct may be ignored or minimized.

Arbitration :

Arbitration, a form of other dispute resolution (ADR), is a method for the resolution of disputes outside the courts. The parties to a argument refer it to arbitration by one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), and decide to be bound by the arbitration choice (the "award").

Advantages :

Disadvantages

Litigation :

Litigation is the term used to label proceedings initiated between two opposite parties to enforce or defend a lawful right. Litigation is typically settled by agreement amid the parties, but may also be heard and obvious by a jury or judge in court.

Advantages:

Disadvantages:

Now as we mentioned in first paragraph , no point to go in court from customer point of view, at the same time he / she must get his / her right.

So here the choice goes to Mediation or Arbitration.

If we see carefully Mediation or Arbitration , Following some points i.e.

Time, Money, History Lessons , Who Decides the Outcome , What Decides the Outcome and Amicability

These points decide to select Mediation over Arbitration.

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