Mediation vs litigation Essay Example | Topics and Well Written Essays - 1250 words

Mediation vs litigation - Essay Examplelawyers to facilitate the presentation of their evidences and oftentimes, the lawyers may storage bea the case in very adversarial and aggressive tones (Tiersma, 1999). As a consequence, the litigation becomes disadvantageous to both parties and those who are weak and those who have no financial aptitude to sustain the litigation process fell out of the balance or loss the case (Tiersma, 1999).The court processes is very legalistic in ways. Its communication system is often complex and misunderstood. Clients, often non-lawyers, do not understand the language of the law and lawyers on the other hand, lawyers cannot comprehend well the peoples language who are not fluent on the standard language of the legal system. Many of their documents are lengthy, overwritten, repetitious, and the legal language has its own peculiarity and effects in any(prenominal) context (Tiersma, 1999). There is explicit use of the laments of legalism in thoughts and in its logical structure in its documents. It will doubly complicate when lawyers start to argue utilize Latin maxims (Tiersma, 1999). Legal luminaries argued that the courtroom language has certain structural complexness which could either be syntactic complexity, inter-sentence complexity, phrasal complexity, and lexical complexity (Tiersma, 1999). Syntactic complexity adds to difficulty in comprehension. Although there was a recommended use of plain language but when the judge provide information and guidelines about the trial and evidences and about the purpose of the framework of the law (Tiersma, 1999). Since jurors are not equipped with legal knowledge, they weigh such responsibility of determining the verdict but must do so, apply their considerable power, without endangering the fairness of the trial (Tiersma, 1999).There is therefore a problem in the language intended for lay jury and the language used by legal luminaries. Hence, the discourse is ruled by grammar constr uctions, conventions, legal vocabularies and language