Dear court system. The arbitration tribunal then

Dear Mrs. Alex Thorn,   Following the unfortunate failure of the negotiation process concerning the dispute between yourself (Computer Break) and Have You Tried Restarting it? we need to look at different options available to us. As your legal representative, therefore, I will be informing you of the best form of resolution including litigation arbitration and mediation. This  I hope would help you initiate the most appropriate method. As you may be aware the law offers protection to both parties is several forms and this will play a role in the selection of dispute resolution. Adding to this matter as a legal counsel in the experience of my knowledge the courts often encourage the parties involved in the dispute ( in this case it would be CB and HYTRI) to resolve the dispute using alternative dispute resolution (ADR) prior to the litigation stage. Some forms of ADR include mediation and arbitration. I will, therefore, inform you of the following prior to litigation. This is due to the fact that the litigation process is much more time consuming and onerous for both parties. Firstly, the arbitration process will be discussed. Within this process, both parties agree to participate, so it is not mandatory and let a third party known as the arbitrator, who is considered as the impartial outsider, to make the decisions on the dispute. Subsequently, the parties initiate and argue their points providing evidence, making the setting very much like the court system. The arbitration tribunal then gives an arbitral award (decision) in regards to the dispute which are binding upon both parties.In this process, both parties have greater control over the procedure in comparison to litigation as they enjoy a certain degree of autonomy. This is because they have the freedom in many aspects of the procedure. This includes choosing the arbitrator (often have more than one)  for the procedure. Arguably, giving them the advantage of choosing an expert in the field who could make a decision that is likely to be accepted by the opposing party. As well as this, setting the rules under which the arbitration will be preceded by and the substantive laws that will govern the dispute are also up to the parties involved.  This, therefore, could lead to a settlement agreement that is mutually acceptable by CB and HYTRI.This means that HYTRI will be willing to participate in the procedure if it is presented to be reciprocal.This will resolve the dispute much quicker as both parties agree to the participation. An agreement from HYTRI to participate is very important as their participation is not obligatory because the contractual agreement of 1st of January 2017 does not include a procedure through which future dispute will be resolved through. As established in Cable & Wireless v the IBM United Kingdom, the contractual agreement provides the method by which the dispute will be resolved in future the failure to do so means that the parties are free to choose the form of dispute resolution. This means that permission of participation from HYTRI is required.Furthermore, arbitration is often used as an alternative to civil court litigation due to the fact that it is much cheaper and quicker process. As the Arbitration Act 1996 reduced the grounds for appeal to the courts, this option is much more popular as an alternative. As well as this the arbitration process offers much more privacy.  The process is very confidential and private, information about CB contractual dispute cannot be accessed by other, therefore, will not result in loss of reputation for either party. Another form of ADR mediation which is also used to resolve contractual disputes and well as familial. In this process, an impartial third party helps resolve the dispute through communications and negotiations between the parties. Mediators although have the non-adjudicative power they have influential in the settlement of the dispute, as they assist the parties to understand the underlying problem and clarify the options available to them. Parties actively participate in this process by sharing their concerns and judgment in regards to the dispute. The mediator then helps them by leading the process and asks them to expand their views to help them agree on a mutually acceptable settlement.  The purpose of this process is to maintain a long-lasting relationship between the parties. This is useful for CB and HYTRI, as they may want to form new business relationships in the future.  So as a result, willingness to compromise and make some sacrifices is an integral part of the process. This only then will lead to a mutually acceptable agreement to the satisfaction of both parties. However, according to CB the termination of the contract was for reasonable cause, so they should not make any compromises because HYTRI is in the wrong. Therefore, maintenance of the relationship is not a priority for CB.However, taking the matter to courts means that the decision of the courts is unpredictable, whereby the judges make a one-sided decision that could not be in the favour of CB. But if you are willing to take the risk then mediation may not be a good option for the resolution of the dispute.  An issue raised in this process is the decision of the mediator is not legally binding in comparison to the judgment of a court, so, the parties are free to discontinue this process.Further on, another advantage is that in comparison to litigation, mediation is much cheaper and quicker as the parties have more flexibility in terms of the arrangement. In mediation, the parties split the costs and the service is much cheaper than a trial in courts whereby the parties pay a high sum for hiring the lawyers.  Additionally, the process, like arbitration is confidential so any information in regards to the dispute will not be available to outsiders. This, as a result, means the reputation of both parties is protected. 

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