Question

Why might you want to look at a path other than the courts? In negotiation and mediation a middle ground is attempted to be found. Arbitration is more like private court with both parties pleading the case before a neutral third party. Please explain which form you would want to use in each dispute listed below and why. 1. Contract dispute between 2 parties. 2. Insurance claim between one person and their insurance company. 3. Insurance claim between you and someone else's insurance company. 4. A claim between you and a company over liability for injuries sustained in their store.

Answer 1

We might want to look at a path other than court, to have speedy resolution of the problem by direct negotiation and mediation with the involved parties.

1. Contract dispute between 2 parties :- In this case, we would like to prefer having negotiation and mediation to resolve the contract disputes as per the contract agreement between two parties. Thus it will provide speedy resolution and no additional formalities of the court and time engaging as per court process.
2. Insurance claim between one person and their insurance company : In this case, we would like to use court option, as in the insurance claim settlement, the insurance company will not want to listen the claim’s point and insurance company would like to make the best possible favor decision for the insurance company. Thus in order to seek right decision, one need to approach court. The court will be able to provide right decision for this case by listening the person’s opinion and company’s opinion.
3. Insurance claim between you and someone else's insurance company: In this case the best option is negotiation and mediation, as this will facilitate the right decision for the issues. Since the insurance is some else’s company, so he will be able to provide right decision for the insurance company.
4. A claim between you and a company over liability for injuries sustained in their store: In this case the court will be the right option. The court will be able to provide the right decision based on the inputs to the case. This is the large case and it needs the decision as per the legal rule for liabilities on injuries. The normal person does not have the required knowledge and understanding of such legal rule and clauses for injury liabilities. Thus court will be able to make right justice for such cases.