Question

When should you choose negotiation over other dispute settlement techniques?

What are the main steps in the litigation process in the trial division of the Superior Court?

Answer 1

Negotiations should be chosen over litigation and arbitration when parties want to incur less expenses, maintain interpersonal relationships, facilitate easier outcome which can be reached through compromises, deliver long term quality solutions.

Steps involved in litigation at Supreme Court are namely :

1. Determine jurisdiction
2. Statement of claim and counterclaim
3. Defence mechanism to counterclaim
4. Discovery plan
5. Affidavit of documents
6. Assessment of discovery
7. Revert to Undertakings
8. Motion plan
9. Mandatory mediation
10. Settlement for Trial
11. Trial