Judicial actions are often 'swifter' than those of the Parliament,16 so it is more convenient and effective when some laws need immediate fixing. By following the precedent, the court can also save a lot of time. Judges do not have to waste time reconsidering the same problem too much17 and it can also be a guidance for judges so that they do not make unintentional mistakes. However, if one looks at it the other way, it can be considered a drawback. The doctrine of precedent requires all courts to follow previous decisions even though some cases may be decided wrongly.
The clients should figure out themselves on how to face the situation. An effective counsellor listen more than talks, and what they do say gives the client a sense of being heard and understood. The client need to find solution on their own as they might face the similar difficult situation again in future. Lastly, a balance of emotion should be met. The client might needed the stressful situation to express their feelings on it.
In this case, when the subject matter of the dispute is highly technical, arbitrators with an appropriate degree of expertise can be appointed (as one cannot “choose the judge” in litigation). Arbitration awards are generally easier to enforce in some countries than court judgements. In most legal systems, there are very limited avenues for appeal of an arbitral award, which can be either an advantage because the dispute solved faster. Arbitration can produce different solutions that are not court based. The awards could be compensation, an explanation for what happened, an apology, a promise never to repeat
This type of legal agreement enables both parties to avoid a prolonged trial under court and enables the defendant to avoid the risk of a guilty verdict at court, which can lead to a more severe sentence. Plea bargaining has been carried out as an intentional agreement that leaves the defendant and the prosecutor better off, in which the former
However, the advantages bring certainty which allows legal professionals to give more helpful advice such as merits of case and outcome of case regarding the law to their clients. Fairness, so like cases can be dealt with in a similar way and allows parties to have access to justice and the courts. Flexibility allows the changing of law with time. Three disadvantages includes: Rigidity in the legal process that may spring from the Judge’s attitude and the declaratory theory. However, the reported cases complexity may also be a disadvantage because it makes the location of legal principles difficult to attend to.
With patience, persistence, and practice we can use nonverbal behavioral patterns to more easily detect truth and lies, project a more confident, powerful presence, persuade, influence, and sell better, put people at ease, create a sense of trust, make friends. It is especially important in business negotiations. If you are only aware of a negotiator’s verbal message, you will likely miss the major portion of the overall communication. Being aware of both nonverbal and verbal messages will give you an important edge. Communication is more than verbal.
A society requires effective dispute resolution to be stable and to secure a peace in the society. Thus efficient and effective dispute resolution systems become necessary. The adversarial litigation system leads to delay , costs and harassment to the litigants. The objective of justice for all in the society seems a distant reality due to the shortfalls of the adversarial system. Here in this situation the alternative dispute resolution seems to be the right choice.
Mediation helps the parties involved reach a final solution through a mutual and voluntary agreement, this is exactly what makes mediation a process that should be looked into if the situation permits it. There are many advantages to mediation and the following are some: • Time – less time spent mediating than it does to try a case where there will be a discovery period, direct and cross examination, objections, opening and closing statements, expert witnesses (if any),
Advantages and Disadvantages of Accommodating Accommodating negotiation style is associated with some advantages. One of the obvious advantages of this style is its ability to maintain good relationships. Companies vigilant to keeping good relationships with their counterparts have a better position to get big business deals in the future, though the choice of accommodating might seem costly currently. Accommodating negotiators have the ability to engage in what Graham et al (2015: 36) call ‘inventive negotiation’, which focuses on long-term relationship, not just getting the present deal done. According to them inventive negotiators particularly international ones, are not satisfied with just making deals.
Start at the right place because negotiations outcomes often correlate to the first offer. Your first offer should be at or just a bit beyond what you believe is the other side reservation price. If you discover that your estimate of the other negotiator’s reservation price is way off target, you will need to retreat gracefully, in this case don’t indicate that your initial offer is final and that you have a different line of reasoning ready to support your shift to a less aggressive offer. If the other negotiator makes the first offer don’t let it set the bargaining range unless you think it’s a sensible starting point. If you think it suggests an unfavorable or unacceptable bargaining range, steer the conversation away from numbers and