Meditation and selecting the major actors within the legal system
Essay Exam
Essay Question Number 1: Many contend that effective use of mediation would go a long way toward clearing our over-burdened court system, as well as contribute to a lessening of the litigiousness of our society. Discuss the 4 most significant benefits that we might realize from using mediation. Also, what are the 3 most important risks that we take in relying upon mediation as a means of dispute resolution?
The process of mediation involves a guided negotiation where parties are helped to come into an agreement concerning a previous disagreement. Mediation comes in where the involved parties have not been able to go into a conclusion on their own (Jonas, 44). The services of a mediator come in handy to prevent a disagreement from escalating to unmanageable levels. A dispute that goes past the mediation process may be considered to be headed to a dangerous level because the parties may be unwilling to agree with each other. However, the failure of the first mediation process does not imply that the process is faulty. The efficiency of the mediator may play a significant role in deciding whether a mediation process is successful or not. Besides, mediation offers several significant benefits that make the process a preferred method by several individuals and groups. Some of the most significant benefits associated with mediation include control on the process, confidentiality, convenience, as well as a reduction in costs.
Mediation provides control of the involved parties on the agreement that is obtained. The primary objective of mediation is to provide a solution that is agreed upon by the interested parties. The role of a mediator does not include imposing a solution to the conflicting parties. However, the mediator may propose some possible solutions that may then be discussed by the parties to agree. The control provided by mediation ensures the parties do not feel disadvantaged by any deal upon the end of the mediation process.
The agreements of a mediation process are confidential to the involved parties unless a different agreement comes up. Mediation differs from other methods such as a court settlement that publicize the decisions made during the mediation process. Therefore, mediating parties are at liberty of coming up with solutions without the fear of public interference. A mediator only helps in making the parties agree on what they have already resolved to approve during a mediation process.
Mediation is a convenient method of dispute resolution where other methods have proved inefficient. The convenience of mediation begins with the selection of the place of meeting with the parties choosing their convenient location. The mediation area provides each party with a private room as well as providing a room for joint meetings where the mediator leads the discussion in the joint meetings. The convenience of mediation allows the conflicting parties to avoid complaints that may distract the mediation process.
The cost of operation is one of the challenges of dispute resolution. However, mediation provides a cost-effective process of resolution. The only cost incurred is that of looking for a mediator, and the parties may share the cost. Unlike other methods such as court processes and traditional litigation, mediation cuts the cost significantly and hence a beneficial way of dispute resolution.
The risks associated with mediation vary depending on the parties involved. However, certain risks happen to the general mediation process. First, mediation involves the disputing parties coming to an agreement that suits both parties. The causes of the conflict may not be resolved, and thus, the dispute may be repeated in future. For example, mediation does not require the parties to provide evidence, and therefore, the agreements may be based on false information.
Moreover, mediation is not based on providing fair conclusions. Mediation is always not controlled by formal rules. Therefore, a risk arises in that if one party is timid, with the other being aggressive, then the agreements may not be fair to both parties. The negotiations for such a mediation process are not reliable.
Mediation does not fit the resolution of a dispute that has involved violence. In an event where one party has harmed the other, mediation may provide yet another platform for abuse. Also, parties that have been mistreated may not agree to engage in discussion with the offender. Mediation, therefore, fails to help in cases involving violence.
Essay Question Number 2: How do the processes for selecting the major actors within the legal system–law school students, judges and juries– help to perpetuate social inequality, and constrain social change.
The legal system is trusted by the citizens to provide fair rulings concerning disputes that are common among individuals or even groups. The operation of the legal system depends entirely on the efficiency of the lawyers, judges, and the juries. The selection of the major actors plays a significant role in ensuring that the rulings given do not suffer from social inequality or even become a constraint towards the advocacy for change (Clair, Matthew, and Winter, 334). The selection of the law students, judges and juries have the ability to impact the public opinion as well as the outcomes of the legal processes.
Law students have a variety of issues concerning the law that they study. The foundation of the legal system s based on the quality of education on the law. Therefore, the quality of law graduates produced from law schools affects the legal system in general. The selection of students to join the law schools is made after considering merit and passion. First, passion plays the most crucial role in creating a competent law student. However, minimum qualifications are set to ensure that qualified students pursue the studies. Therefore, the legal system is fed with qualified law personnel who have gone through a quality training program before ascending to the formal law career. Generally, proper selection of law students ensures that the legal system has unlimited access to qualified personnel and that equality is guaranteed.
The selection of judges to fill legal positions is made by a body that assesses the competence of any judge before selection. The selection of judges can affect the effectiveness of the legal system since cases are ruled based on the competence of the judge. Although different parties may be involved in the court process, the final ruling is determined by the judge or a panel of judges. Therefore, the selection of judges considers the competence in social equality and the ability of the judge to accept change. Similarly, the selection of juries follows the same procedure as that for judges. However, panels offer a chance for strong adherence to social equality and acceptance of social change because the ruling is based on the opinions of several judges rather than a single judge.
Works Cited
Bernard, J. M., Manick, N., & Klein, M. (2016). Ethical, Legal, and Professional Issues in Mediation and Parent Coordination. Ethics and Professional Issues in Couple and Family Therapy, 215-232.
Block, Marc Jonas. “The Benefits of Alternative Dispute Resolution for International Commercial and Intellectual Property Disputes.” Rutgers L. Rec. 44 (2017): 1.
Clair, Matthew, and Alix S. Winter. “How judges think about racial disparities: Situational decision‐making in the criminal justice system.” Criminology 54.2 (2016): 332-359.