what would be a good response to posts

post 1

Botharbitrationandlitigationhavetheirproswhicharebeneficialincertaintypesofsituations.IwouldnotbeabletochoosewhichIwouldpreferinadisputewithoutthedescriptionofthesituation.Forexample,ifthedisputewasbetweenacompanyandI,Iwouldpreferlitigationbecauseoftheextensionuseofattorneys(whocanrepresentmebetterthanIcanagainstagiantcompany),itisformalandinapubliccourtwhereeverythingisrecorded(IwouldwantthepublictolearnabouttheactionsandresponsibilitiesthecompanyhaschosentotakeinaconcernIhavehadwiththem;whichmaybenefitothercustomersinthefuture),rulesofevidencesareallowed(inmostcases,adisputewithacompanyconcernstheirservicesorproductwhichshouldbepresentedasevidence),andthepossibilityofappeal(incasetherewasuncertaintywithregulationsbasedonvaguenessorerrorsinthejudge'sorjury'sactions).Inthiscase,Iwouldnotmindtheconsofwaitingforthecasetobescheduled(longprocess)andcostbeinghigher(attorneysandcourtsfess).Butifthedisputewasbetweenafriendorfamilymemberonmonetary,personalitems,orviolationsofpriorcontractsthatmayhavebeenvagueinacertainarea,Iwouldpreferarbitrationbecauseitisbetweenus(attorneysarenotnecessary),itisinformalandandprivate(itisnotimportantthatthedisputeisrecordedforpublicknowledge),limitedevidentiaryevidence(ifthedisputeisaboutthevaguenessofthecontract,whatwehaveusedthecontractforinthepastshouldnotbepresented),andusuallybinding(especiallywithsomeoneclosetome,Iwouldrathernotcontinueafeudoveradecisionalreadydecidedonewhetherinmyfavorornot),andfeesareusuallycheaperaswellastheprocessbeingshorter.Inthiscase,therearenorealconsbutIamsurethatsomesituationswillcauseregretoverthefactthatanappealcannotbemadeoranattorneyisnotavailabletorepresentmycasebetter.

post 2

Depending on the situation that resulted in me coming to a point to where I actually had to make this decision I would choose arbitration to settle the dispute. I think this would come in handy in matters of like loaning a friend money that has not been paid back in a reasonable time or minor damage of personal property. Granted people can be stubborn at times. However, life is too short to sweat the small stuff. If two people come to a disagreement both I would assume would want the matter handled quickly and fairly.It would not be worth the time or financial cost to bring the matter to litigation. Hopefully none of us ever have to come to that point. However, an interesting con with arbitration that sparked concern is in the matter of fairness (Findlaw, 2013). This would be a disadvantage if who you were going up against, for example Walmart, who has finiteresources in comparison to average Joe and more experience in dealing with these types of legal proceedings.

Reference

Findlaw. (2013). Arbitration Pros and Cons. Retrieved fromhttp://adr.findlaw.com/arbitration/arbitration-pros-and-cons.html.