Alternate Dispute Resolution Flashcards
What is negotiation?
Settles the dispute in the easiest and least confrontational way possible
How can negotiation be carried out?
- face to face
- in writing
- phone or e-mail
- any other suitable method
Negotiation is an attempt to..
come to an agreement or settlement. The agreement can be verbal or more formally set down in writing.
Who can conduct negotiation?
Parties themselves, their representatives, their lawyers or any combination of these. If the negotiation is carried out by the parties, it should not cost them anything but the involvement of lawyers will inevitably cost.
What if original negotiations are unsuccessful?
Even if court proceedings are issued, it can take place right up to a court hearing
What is mediation?
Where a neutral person helps the parties to reach a compromise. The parties will usually be in separate rooms or locations, and the mediator acts as a facilitator, shuttling between the parties to put forward points and opinions
Who has control over the process?
The parties do and can stay as long as they wish and can withdraw at any time. The mediator will not offer an opinion to either party unless asked to do so.
What’s a successful mediation?
Depends on both parties embracing the concept and actively participating. Eventually, it is hoped that the parties themselves will reach a compromise and agreement acceptable to both.
What type of dispute is mediation often used in?
Often used in family disputes over children and financial issues. The parties have to show that they
