ADR Flashcards
Negotiation
This is where anyone in dispute with another person or business can negotiate to settle dispute in easiest and least confrontational way possible negotiation can be carried out by faced to face talking, writing ,phone or email
Any agreements reached can be verbal pr more firmly set out in writing. Negotiation can be conducted by the parties themselves, their representatives their lawyers or any combination
if lawyers are involved there will be a cost
even if original negotiations are unsuccessful and court proceedings are issued,Negotiations can place right up to the court hearing
Advantages of negotiation
cheapest form of ADR
private and confidental-no publicity
Big Companies may offer a settlement rather than going through a costly and damaging law case which creates precedent for future claims
Very quickly unless lawyers get involved
Disadvantages of negotiation
It only works if the parties are willing to cooperate
if lawyers become involved in an out of court agreeing an out of court settlemnt it can make the process lengthy and costly
