Friday, September 27, 2019
Legal Procedures Alternative Dispute Resolution Essay - 1
Legal Procedures Alternative Dispute Resolution - Essay Example There is also one sure thing about the use of a mediator in the solving of a conflict. One party might decide not to reveal the true happening. In this case, the patient or the hospital report might just be presented so as to favour or hide the truth of the happenings. Meditation can also come with the disadvantage of failing to bring the case to a conclusion hence it would have wasted time. It is always very important for a case to be handled or assessed early. The first and most critical part of a judgment is normally early assessment of the happening. In another case the, the plaintiff, in this case, the patient might fail to keep their word on what the conclusion might have been. Out of dissatisfaction, they might press charges later. A legal precedent can also not be set in the case the patient, in particular, fails to keep the word they might have stated. However much mediation comes with some challenges it is much better than litigation.Unlike in meditation, negotiation does n ot involve a third party but can be used to resolve a conflict between two parties instead of filling a lawsuit. It is undoubtedly the most flexible and transparent form of conflict resolution.Both of the parties are able to set out exactly what they may want in order to solve the conflict. In this case the patient might present a document that states what they want in form of compensation and the hospital management can sit down and negotiate on the same in order to solve the conflict that is there. This means that the chances of a reasonable agreement that would solve the conflict are higher. Negotiations also come with the advantage of not being mandatory. In the event the hospital or the patient feels that they do not want to negotiate then they are at liberty to do so.Negotiations come further with the advantage of not allowing the involvement of a third party. In some cases the third part might be bias and the conclusion that they might come up with might not favor both partie s.Conclusions that will be made under negotiation will not have to be conclusions that are under the law.
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