Alternatively, litigationis available. This is taking the case to court and the judge will decide thecase by considering both of your evidence.
One disadvantage of litigation is itis time consuming, so it can take months to reach a decision. This is becausethere are various steps before the trial begins such as preparing witness statements.Not only the pre-trial steps are lengthy, but the court proceedings can bepotentially complex. This insinuates litigation expense is incurred prior to trialand the rest is for the trial because you would need to pay lawyer’s fees. Thisillustrates its only more beneficial to the wealthier party as they can hire anexperienced lawyer to participate.Besides that,it could be argued litigation is unsuitable for this type of dispute because itis technical.
There’s a chance neither judge or jury will have the relevantknowledge and experience to deal with the case which may result in incorrectdecisions and appeals. However, the judge’s decision can be overturned and canbe appealed to a higher court. This demonstrates the importance of an appealprocess which is not available in mediation.Arguably, takingthe court route may deteriorate the commercial relationship between you andHYTRI because of the potential unacceptable court decisions. Consequently. thisdemonstrates the unlikeliness of a mutually acceptable decision.
Nevertheless, oneelement imperative to the resolution of the dispute is the courts have thepower to oblige witnesses to attend. The right to a jury is also equallyvaluable.In summary, afterweighing and analysing the pros and cons of each method, mediation is the bestoption to undergo.
This is because it has a higher chance of preserving therelationship between you and HYTRI without putting your dispute in the publicdomain like civil litigation. Ultimately this is a faster process offeringsolutions further than a court could impose. Likewise, arbitration is deemed asan adversarial process because of the binding third party’s decision. however,the element of control means you and HYTRI must agree to the settlement whichis difficult to achieve and could further result in a small claims hearing.
If you have anyfurther enquiries, or wish to discuss the subject matter further, please do nothesitate to contact me. Yourssincerely, Katy BuckinghamMiss Katy Buckingham,For and on behalf of blacksmith, Storey and Catenari LLP