Adr Flashcards
What is Arbitration?
Is a forum where the parties to a dispute present their case to an impartial arbitrator or panel of arbitrators who render a decision called an award.This maybe binding or non binding
What is mediation ?
Mediation is a form of negotiation that is assisted by an impartial third party called a mediator .The mediator helps the parties communicate and to find a solution to their disputes but has no authority to impose a settlement
4 Types of negotiating techniques are ..?
D I C C
Distributive
Interest based
Competitive
Cooperative
Distributive negotiating is…?
This assumes that the parties to a disputed have a fixed amount of resources they must decide between them
Focuses on what the party is willing to give to settle
The goal is to gain as much concessions from the other party
Interest based negotiating is…?
It is a collaborative effort and assumed that underneath the issues on the table are the interests that need to be satisfied .Parties may be able to work together to achieve a common goal
Competitive negotiating is …?
Is views as a battle to be one .Competitive negotiator uses intimidation to raise the level of tension in order to gain concession
Cooperative negotiating …?
This created several alternative solutions ‘tis dispute.Negotiator makes reasonable demand and responds positively to a well reasoned argument made from the other side
Cooperative tends to be interest based
Steps to prepare for mediation
P.P.I.C.C
- Preparation phase
- Preliminary phase
- Information phase
- Competitive/Distributive phase
- Closing phase
- Cooperative/Integrative phase
Phases of mediation
Opening session
Private caucus
Closure
What is an impasse?
Occurs when a party deepest interest are at stake and he wants to slow down or halt the negotiation process until these are met
B.A.T.N.A
Best alternative to a negotiated agreement
What is dovetailing ?
Dovetailing is when the cost to one party is low and benefit to the other is high
Types of conflict styles ?
Cooperative Collaborative Competing Avoiding Accommodating
Types of mediation
F.E.N.T
Facilitative
Evaluative
Narrative
Transformative
What are some advantages of negotiation
Parties make their own rule
Costs are not severely decreased
Parties are not required to reach an agreement
Parties control the process and the outcome
Disadvantages of mediation are
Either party can withdraw at any time
Can be a problem if parties withhold information
If one party is passive they may be bulldozed by the other part
If mediation fails parties may have wasted money on the process
Advantages of mediation
Doesn't require lawyers Mediation is an extremely quick process The agreement made is legally binding Anything may be mediated The mediator is an outside party Less costly than litigation Voluntary process
Advantages of arbitration
Speedy resolution
Less costly
Exclusionary rules of evidence
Not a public hearing
Confidentiality is required
Disadvantages of arbitration
No right to appeal
Any evidence may be admitted
May not be fast /inexpensive
No jury
Adr in the future
The field will become widely recognized as a independent profession
Family community business and other uses will recognize and respect the profession
Users will choose adr techniques including mediation to make deals
Greater respect for mediators
Better negotiating
Litigation will lead directly to adr
Name of ADR RESOLUTION PRACTICE IN JAMAICA
Dispute resolution fund
July 1994
