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U3AOS2 - Coggle Diagram

- - - - threat of violence of distrust
      - high likelihood a party may abscond
      - legally binding in need to ensure compliance
      - imbalance of power
  - - - whether the defendant can pay
      - if the defendant will pay of their own accord
      - whether a legally binding agreement would be better
- - - - plaintiffs responsibility to pursue the case
      - defendant must present a defence
  - - - more likely than not that the defendant is responsible
  - - - medical malpractice
      - manufacturing defects
      - industrial occupational health and safety
      - discrimination and harassment
- - - - ensure procedural fairness
      - each party is aware of the material facts
      - provide evidentiary record and ideally facilitate an out of court settlement
  - - - ensure they are primed for arguments being brought against them
        
        not caught off guard
      - disclose plaintiffs case to defence team and vice versa
      - compare strength of each parties case
  - - - documents, lay-persons and experts they may call on
    - - determine strength of each case
      - understand remedy and amount sought
      - opportunity to contest evidence
      - neither party taken off guard