Enforceability of international and local mediation (UAE) Assignment

Enforceability of international and local mediation (UAE) - Assignment Example 23). Since its inception, there are records of several organizations and institutions that have used mediation processes to settle what would otherwise have been long running legal litigation and battle. In some cases, mediation has come in as settle options for cross border cases involving the United Arab Emirates and other countries. As far back as 1971, the United Arab Emirates underwent a successful mediation process to settle what would have been a long running international litigation with Oman and this move highly praised by the United States and other international bodies (Condliffe, 2002, p. 233). This means that mediation takes several dimensions and come in as resolution option for different forms of litigations in the United Arab Emirates. However, there have been instances where the mediation processes have not been continued to its logical conclusions. This is because mediation outcomes are not enforced, resulting in the need to resort to the courts. This paper therefor e discusses enforceability of mediation outcome and provides recommendations to overcome the problems associated with lack of compliance. ... 32). Moreover, the conclusion of mediation is free of all forms of legal punishment such as fines and imprisonment. What this means is that parties involved in mediation can always be assured that there will be settlement that does not put any commercial cost on them. What is more, peace is always guaranteed when mediation is used. Whether used by individuals, corporate bodies or between nations, the use of mediation helps in eliminating the fear of violent, brutal and sadistic conclusion to cases (Condliffe, 2002, p.111). This is especially important when using mediation between nations. This point is so made against the background that the world has experienced a number of wars, which experts have ruled that they could have been avoided if there were alternative means of resolving them. There are cases of major corporate organizations which went into liquidation because of protracted court proceedings and rulings. Most of these organizations, if they had chosen the path of mediatio n would still have been functioning and making profits. Finally, it would be said that mediation is essentially important in coming out with easy-to-apply remedies. This is because the outcomes of mediations are mostly arrived as a result of compromise between the parties involved instead of a ruling by an arbitrator. This way, the two parties arrive at consensus that benefits them both in settling their differences. Factors inhibiting the Compliance of Mediation Outcomes Despite the beautiful advantages of the use of mediation that can be listed on and on, there are major hindrances to the successful application of mediation as a dispute resolution and construction mechanism and therefore put a lot of parties

Obligation in Law Case Study Example | Topics and Well Written Essays - 2000 words

Obligation in Law - Case Study Example Jack - he was watching the news at home when a live feed of the accident came on TV and realised that his wife and daughter were among the spectators. He was a nervous wreck for several weeks although he had learned earlier that his wife and daughter left the airfield 30 minutes before the accident. The claims by the five individuals when consolidated into one imposes on the plane manufacturer an obligation in law arising ex delicto, or from the tortuous acts of negligence and recklessness (Classic Encyclopaedia, online; 'Lectric Law Library, 2001). Negligence is in fact one of the five major offenses punishable under the tort law, the other four being trespass on land, trespass against goods, trespass against person, and defamation (Street, 1999). This suggests that the plane manufacturer as respondent or defendant in the five tort cases has civil liability to compensate the claimants for the alleged damages they sustained from the crash in the form of "nervous shock." However, a careful reading of the law, specifically the assigning of civil liability and the circumstances that warrant the awarding of damages thereto, makes that proposition doubtful. Obligation is defined as an act or course of... Negligence is in fact one of the five major offenses punishable under the tort law, the other four being trespass on land, trespass against goods, trespass against person, and defamation (Street, 1999). This suggests that the plane manufacturer as respondent or defendant in the five tort cases has civil liability to compensate the claimants for the alleged damages they sustained from the crash in the form of "nervous shock." However, a careful reading of the law, specifically the assigning of civil liability and the circumstances that warrant the awarding of damages thereto, makes that proposition doubtful. Obligation Obligation is defined as an act or course of action required of a person by law or by virtue of his position, religion or the prevailing custom (Currie & Cameron, 2000). In this case, it is the law that supposedly obliges the plane manufacturer to compensate the five claimants for nervous shock, which amounts to damages difficult to quantify. The inherent difficulty of quantifying nervous shock is the first hurdle that the claimants need to overcome to prove their case against the respondent. As noted by Cabresi & Hirschoff (1972), such emotional pain and suffering, which leads to loss of enjoyment of life, is not easily quantifiable and depends on the individual circumstances of the claimants. Looking into these individual circumstances, it seems hard to believe that Jack was in shock for a prolonged period since he was not on the scene at all and he immediately learned that the family members he was worried about left the air show 30 minutes before the accident. The same question c an be asked of John who lives quite a distance from the airfield, of