1: Negotiation as a method of alternative dispute resolution

Question 1

What is negotiation?

Answer 1

Where 2 parties resolve their dispute without referring to third party assistance or submitting to alternative adjudication.

Question 2

What can negotiation be better in compared to all other ADR methods?

Answer 2

Price, Speed, Formality.

Question 3

What crimes can negotiation be used for?

Answer 3

ALL civil disputes, no matter the value or complexity of the case.

Question 4

Explain the difference in Formal and Informal negotiations.

Answer 4

Formal- Asking qualified negotiators, such as solicitors, to act on behalf of the parties. Can be over phone, email, letter or face to face.

Informal- 2 individuals resolving a dispute face to face. Can be over phone, email or writing.

Question 5

What time of a case can negotiations happen?

Answer 5

ANY TIME during a case from before legal proceedings are brought, through to the final trial itself.

Question 6

Why will many cases settle just before trial and what is this called?

Answer 6

“Settle at the door of court”.

This happens because the cost of legal costs and the possibility of losing the trial becomes clear.

Question 7

What % of civil claims are settled “out of court” through negotiation?

Answer 7

95%