Instruction
Respond to this answer on which Would you rather settle a dispute through negotiation, mediation, arbitration, adjudication, or a hybrid process? Why?
*****Argue that negotiation is the better choice please ******
Respond to this Answer : When trying to decide which method is best for settling a dispute, disputants should first determine what type of case they are representing. If the case is a merger of two companies with either the plaintiff or defendant located outside of the United States, then it would be best to settle the case using "arbitration". This would allow the parties involved to select the location of the court and arbitrator which best suits their needs. Since the arbitrator's decision is final and reinforced through treaties, this allows companies to save money on legal fees. In cases involving multiple parties, arbitration isn't an ideal choice.
If the disputants are looking for a quick, cheap(er) and non-final method for settling a case, negotiation and mediation are ideal methods to settle a dispute. This means parties can save time and money but also have the ability to re-examine the issue at a later time. This is ideal for young or small companies who may not have the time or money to go court. In an effort to save resources, disputes should start by using either negotiation or mediation before entering a formal and costly setting like the courtroom. If the case is of social, economic or political importance such as civil rights cases, then adjudication is the best process. Adjudication is a formal process that allows the public to be informed of the dispute and can set precedences for future cases. Adjudication can be used at local, federal and international levels to teach citizens, organizations, and governments what is considered legal and illegal or right and wrong. For example to deter genocide in Africa the International Criminal Tribunal in Rwanda publically prosecuted and punished those involved in the genocide of the Tutsi people within Rwanda.
In short, the best method to settle a dispute depends on the type of dispute, the entities involved in the dispute and the resources available for resolving the dispute. I believe disputes should use a hybrid of negotiations, mediations, arbitrations, and adjudications depending on the severity and importance of the dispute. An everyday dispute between friends or family may not need to be reviewed by a neutral third party or be used to set a social standard. Thus there is no need for it to follow the adjudication process in small simple disputes. However, for more significant and complex cases a third party would be useful in determining a resolution or set social precedence.