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The informal nature of mediation may allow evidence to be considered that might be prohibited in a court of law.
Arbitration is more complicated than mediation. Since arbitrators "give written opinions, which can be binding or non-binding…the most common procedure is for each side to select an arbitrator and for those two arbitrators to select a third arbitrator. The dispute is then presented to the three arbitrators chosen, with a majority of the arbitrators rendering a written decision"(Renia 1999). Arbitration is swifter and less formal than litigation. However, some people may feel that arbitration gives too much power to the arbitrators, even though arbitration does not protect the rights of the defendant and plaintiff with the same degree of scrutiny as a court of law. Some may feel arbitration offers the best of all three options; others might feel it is the worst because it does not offer the full benefits of informal mediation or formal litigation.
Litigation has the advantage of ensuring that all potential issues are aired in the open, under the formal scrutiny of a judge. It ensures that both parties have their interests protected equally, and a judge will intervene if he or she feels that emotions or other potentially unfair aspects of the process are interfering with the course of justice....
It also keeps angry partners separated, which can be important in the case of a divorce.
The State of Utopia enacted a statute requiring all passenger cars entering the state to be equipped with side air bags. What likely constitutional challenge(s) will be made by this statute? What probable outcome? Explain fully.
This is a violation of federalism, or the right of the state to set individual policies. It is not fair that individuals from outside the state must tailor their lifestyles to a policy arbitrarily set by the legislature of another state. Other times such problems have arisen in the case of state restrictions placed upon cellphone use, different requirements for new drivers in different states, and child restraint laws. However, a cellphone may merely be put away when entering the borders of a state or community where they are prohibited, and parents will likely buy child seats that fit the most restrictive laws. These air bag requirements could affect untold numbers of drivers riding in older vehicles and such a statute is likely to be overturned by the federal courts.
Works Cited
Renia, Leonard. "Mediation vs. arbitration vs. litigation: What is the difference?
Findlaw. June 1, 1999. November 18, 2009. http://library.findlaw.com/1999/Jun/1/129206.html
Works Cited
Renia, Leonard. "Mediation vs. arbitration vs. litigation: What is the difference?
Findlaw. June 1, 1999. November 18, 2009. http://library.findlaw.com/1999/Jun/1/129206.html
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