motivations for ADR Flashcards
how can it be cheap?
if done at an early stage and non-adjudicative ADR used
how can it not be cheap?
ADR not attempted until much later costs arise, if ADR fails and/or if expensive form of ADR used
how can costs be controlled?
cost-benefit analysis=cover key steos, form of success and prospect of success
why can it be speedy?
if non-adj ADR or expert determination used soon after dispute arises
when is it not speedy?
arbitration depending on process
pros of quick settlement?
limit indirect costs, distraction and stress
why is choice of forum good?
can avoid expensive form
how do they control the process?
subject to contractual agreement between parties, suit their needs, adj ADR=controlled by decision maker
why flexible?
unlike litigation no set stages
con of having set stages?
expensive
