Friday, August 9, 2019
Legal compliance and negotiations skills Assignment - 3
Legal compliance and negotiations skills - Assignment Example Settlement may significantly affect the tax liability of the plaintiff hence its disadvantage. It is also worth noting the potential of the defendant playing hard ball. This may compromise the agreement and provoke further misunderstanding. Besides, it still involves a lawyer who has to be paid hence partial gain from the compensation accrued to the plaintiff. The mediator is always non-partisan and likely to work on acceptable socio-economic and political principles to facilitate mutual understanding between the parties to the dispute. Besides, mediation involves in-depth understanding of underlying factors that may have led to the dispute and make effort to negotiate in respect of the same (Guasco & Robinson, 2007). In that regard, it facilitates truth justice and reconciliation for sustained peace. It is also worth to consider mediation due to its independence from the politics of majority influence hence emphasizes truth and honesty. Despite the overriding preference of mediation in conflict resolution, it lacks judicial support and either of the party may easily opt out thereby stalling the reconciliation process. The mediation team is not secured by the law but acts on voluntary basis and this gives the parties to the dispute leverage to determine their own interest. Mediation is time consuming as it relies on mutual consensus between the parties which may take time to achieve hence prolonged resolution period. This is a dispute resolution tactic that is applicable in the event couples fail to reach agreement through other options like mediation or negotiation and are still interested in out of court settlement. It has advantage in the sense that one can choose an arbitrator in line with the personal lawyerââ¬â¢s recommendation. This will offer the best outcome and deliver quasi-legal ruling. It also saves time by setting strict arbitration process deadline (Guasco & Robinson, 2007). This is made
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