consists of taking the case through a court process and the judge will decide
the outcome of the case by considering the relevant evidence and testimony. There
are numerous steps before the trial and therefore It can take months to reach a
decision. One example would be preparing witness statements of people who received
poor quality of work by HYTRI. Combined with the complexity of court
proceedings, its likely civil litigation expense would be incurred prior to trial.
This means it’s only advantageous to the wealthier party who can hire an
experienced employment contract lawyer to participate.
Apart from the time-consuming
element, litigation is unsuitable for this type of dispute because of the technical
nature of the legal issue. There’s a good chance neither judge or jury will
have the appropriate knowledge and experience to deal with the contract dispute
which may result in inappropriate decisions. However, it’s important to note the
judge’s decision can be overturned and can be appealed to a higher court. This diminutive
appeal process is not available in mediation.
Arguably, by taking
the court route the commercial relationship between you and HYTRI will deteriorate
and breakdown for obvious reasons such as the likelihood of a mutually unacceptable
decision. Nevertheless, one element imperative to the resolution of the dispute
is the courts have the power to oblige witnesses to attend. The right to a jury
is also equally valuable.
In summary, after
weighing and analysing the pros and cons of each method, mediation is the best
option to undergo. This is because it has a better prospect of preserving the commercial
relationship between you and HYTRI without putting your dispute in the public
domain like civil litigation. Ultimately this is a faster process providing
relevant solutions further than a court could enforce. Likewise, because of the
arbitrators binding decision, its adversarial. However, the element of control available
in mediation means you and HYTRI must agree to the settlement which is
difficult to achieve in practise. This runs the risk of a small claims hearing.