Problem Solving

LITERATURE REVIEW AND JUSTIFICATION OF RESEARCH QUESTION 4

ProblemSolving

ProblemSolving

Comparisonbetween Litigation and Arbitration Process in

Litigation Process in Conflict Resolution

Arbitration Process in Conflict Resolution

Litigation involves the use of the court and the conflicts are organized by the judicial system of the government in solving the conflict (Weckerle, 2013).

In arbitration, the conflict is solved in the agreed location by both parties (Weckerle, 2013).

The process is costly since it involves the use of trained attorneys to defend each of the conflicting sides.

The process is economical because there is only one person that looks into the problem and treats both parties equally.

The method is long and it may take even years to solve the problem.

The arbitration process saves a lot of time since the arbitrator investigates the whole issue to come up with a proper solution.

It is a sure way of solving the serious problems among individuals since the judge treats both parties equally and takes time to decide on the overall verdict on the matter (Rovine &amp Fordham, 2012).

The arbitrator is the investigator and at some point may be forced to be one sided on the matter due to lack of evidence (Rovine &amp Fordham, 2012).

The parties have no freedom in choosing the court official or rather judge to solve the conflict.

The parties have the freedom to choose who to solve the conflict between them.

Examplefrom Everyday life

Mostindividuals tend to go for an arbitration method of conflictresolution mainly because it saves a lot of time (Rovine &ampFordham, 2012). For instance, according to research, it isapproximated that a complicated construction case can last up to twoand a half years before a final verdict is made whereas, “an award”in arbitration can be done within six months, or in some cases, ittakes only two weeks. It is wise to note that a contraction team mayhave so many challenges. For instance, payment of the workers can bea big problem where the amount to be given to each employee can causedisagreements. Also, corruption and mismanagement of funds is acommon challenge that brings chaos to a team. These problems need afaster process in solving them, which in this case, arbitration comesin handy (Deutsch, Coleman and Marcus, 2011). Apart from this,litigation process is costly since both the accused and the accuserneed to hire professional attorneys to support their side of thestory. This becomes difficult for families from humble backgrounds toget such individuals to help them. However, this is not the situationin the arbitration process whereby there are no attorneys hence themethod is cheaper to both parties (Piszcz et al., 2014).

Opinion

Inmy opinion, the best method to solve a problem between these twoapproaches is the use of arbitration. The technique suits the partiessince they choose the person to address the problem. Most of thetime, the selected individual is the one that carries the necessaryinvestigation before coming up with the decision (Ramsbotham,Woodhouse, and Miall, 2011).

Ina nutshell, it is clear that arbitration saves a lot of time andaccording to philosophers, time is money. By wasting lots of time inthe litigation process, one’s daily activities get affected. Forexample, they are not able to run their businesses well due to lackof time. In arbitration, the involved parties choose the venue, timeand day, that suits them, and this makes the process more preferredby many busy contractors. Indeed, this is the best way of solvingconflicts, considering the fact that the arbitrator is someone withdiverse knowledge about the matter at hand. Arbitration should beencouraged all over the world.

References

Deutsch,M., Coleman, P. T., &amp Marcus, E. C. (2011). TheHandbook of Conflict Resolution: Theory and Practice.New York, NY: John Wiley &amp Sons.

Piszcz,A., Etel, M., Kraśnicka, I., &amp Uniwersytet (Białystok).(2014). Courtculture: Conciliation culture or litigation culture?Białystok: &quotTemida 2&quot, Wydawnictwo StowarzyszeniaAbsolwentów Wydziału Prawa Uniwersytetu w Białymstoku.

Ramsbotham,O., Woodhouse, T., &amp Miall, H. (2011). Contemporaryconflict resolution: The prevention, management and transformation ofdeadly conflicts.Cambridge, UK: Polity.

Rovine,A. W., &amp Fordham University. (2012). Contemporaryissues in international arbitration and mediation: The Fordham papers2011.Leiden, the Natherland: Martinus Nijhoff Publishers.

Weckerle,A. (2013). Civilityin the Digital Age: How Companies and People Can Triumph over Haters,Trolls, Bullies and Other Jerks.Que Publishing.