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Essay / Dispute Resolution in The Merchant of Venice - 1360
Shakespearean literature has long been praised by scholars for its incorporation of legal discourse into its plot structures, paving the way for the interdisciplinary study of law . Virtually all Shakespearean texts are known to have a tangential relationship and relevance to legal practice, but plays like "The Merchant of Venice" feature scenes that not only depict a courtroom trial, but also highlight certain key aspects and methods of dispute resolution that are arbitration. , conciliation, negotiations and mediation. “The Merchant of Venice” is not only beloved by literature lovers, but it has also sparked great interest among Lawyers more than any other Shakespearean text, sparking deep commentary on academically evaluated legal facets. Before delving into the legal themes involved in the piece, the substance of the prose will examine the definition of the term “Alternative Dispute Resolution” or ADR. Alternative dispute resolution refers to a repertoire of mechanisms that can replace court trials and largely involve discussions between the disputing parties. These methods are also called “amicable settlements,” whereby the parties involved in the dispute are encouraged to negotiate and find solutions. a solution to resolve their dispute. The ADR system is subdivided into the following categories: negotiation, mediation and arbitration. The negotiation process consists of dialogues between the conflicting parties, while "arbitration" and "mediation" require the involvement of a third party to act as a mediator or conciliator in order to find a solution and bring an impartial judgment on the matter. It is important to understand that decisions in a dispute are not binding if they are made in the middle of a paper......as we have seen above, the previous relationships of the disputing parties are at the both economic and social, which have intensified due to the link between the two parties. Despite the legal nature of their case, mediation could have provided a valid resolution to the dispute, because this dispute resolution process evaluates the situation beyond the officially authorized judicial framework, which in many respects was not successful to provide a verdict that suits the case. parties involved. It was also pointed out by Professor Carrie Menkel Meadow in her article entitled "Women as Lawyers" used Portia as an example to demonstrate the fact that her participation in the trial was similar to that of a rather "lawyer" than that of a “mediator”. From a defender's point of view, Portia's arguments were strong and she did a commendable job of not only saving Antonio's life but also bringing ruin to Shylock..