Participants Participants
You even give up your right to advocate
for yourself. When a lawyer is chosen, they represent you - are no longer
an advocate for yourself.
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Process
This usually takes the most amount of time,
the most money on legal fees and court costs, investigations etc. and
it is very stressful for both parties. With litigation, all control
of the process is given away. The rules of the court have to be followed.
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Solution
Solution
The rule to litigation, is that "if
you can't figure it out yourself, someone is going to do it for you."
In litigation, all choices are determined by other people. The emotional
issues are not addressed in court. Solutions are not reviewed, only
judgements cast. Sometime the courts can only give generic solutions.
They follow legal precedent which are generally not personalized to
the individuals.
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Advantages Advantages
The good thing about litigation is that
it is sometimes necessary for the public to view the proceedings. Although
any of the other methods could be chosen to be public if both parties
agree. Litigation is appropriate for many things such as crime and civil
rights issues. Most other disputes should be settled by other methods
and leave the court system to decide issues that involve public safety.
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Disadvantages
When a judge makes a decision, it can be
enforced, but sometime it isn't complied with. Even though a judgement
is against them, the "loser" may not pay.
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Energy
1. Channel\Speed
Why litigation fails is because it is the
slowest process, furthest away from the speed of light (sometimes several
years). The channel, the court system, is a confined process which inhibits
the speed of resolution. This time factor alone goes against one of
the first principals of information theory.
2. Encode\Understandability
The disputants really don't understand
much of the communication, that's why they have to hire lawyers, to
communicate in the language of law for them. The language and the judgement
the solution is encoded in a language that the parties aren't generally
familiar with.
3. Decode\Acceptability
Because the losing party didn't agree to
the settlement, they may have a lot of resistance. Sometimes both parties
don't fully accept the resolution, causing a lose\lose situation.
4. Message\Importance
- The message is important, because it
is the Ultimate law of the land, although many people don't respect
the law.
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