Topic > Dispute Resolution in The Merchant of Venice - 1360

Shakespearean literature has long been praised by scholars for its incorporation of legal discourse into plot structures that further paves 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 such as "The Merchant of Venice" have scenes that not only depict a court trial but also shed light on some key aspects and dispute resolution methods which are arbitration. , conciliation, negotiation and mediation. “The Merchant of Venice” is not only appreciated by literature enthusiasts but has aroused great interest among lawyers more than any other Shakespearean text, provoking profound comments on the legal aspects evaluated in the academic field. Before delving into the legal issues involved in the work, 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 parties to the dispute. These methods are also referred to as "out-of-court settlements", whereby the parties involved in the dispute are encouraged to negotiate and find a solution to resolve their dispute. The ADR system is divided into the following categories: negotiation, mediation and arbitration. The negotiation process consists of dialogues between the disputing parties, while “arbitration” and “mediation” require the involvement of a third party who acts as a mediator or conciliator in order to find a solution and express an impartial judgment on the matter. It is important to understand that decisions in a dispute are not binding if they are made a...... middle of paper ...... has been discussed above, the previous relationships of the disputing parties are both economic and social, which intensified thanks to the link between the two parties. Despite the legal nature of the case, mediation could have provided a valid solution to the dispute as this dispute resolution process evaluates the situation beyond the officially authorized judicial framework, which in many ways failed to provide a verdict appropriate to the situation . parties involved. It was also highlighted by Prof. Carrie Menkel Meadow in her article entitled “women as lawyers” who used Portia as an epitome to demonstrate the fact that her participation in the trial was similar to that of a “lawyer” than a “mediator ”. From a lawyer's perspective, Portia's arguments were strong and she did a commendable job in not only saving Antonio's life but also bringing Shylock's downfall.