Cards (8)

  • What are the two types of ADR?
    Negotiation and mediation
  • What is negotiation?
    Where an individual attempts to resolve the issue directly, privately and possibly face-to-face
  • What are the advantages of negotiation over litigation?
    Quickest, cheapest, most informal way of settling a dispute
  • What are the disadvantages of negotiation over litigation?
    Requires confrontation
    May go to court
  • What is mediation?
    A neutral third-party mediator attempts to resolve the issue with both parties
  • Which is more formal, negotiation or mediation?
    Mediation
  • What are the advantages of mediation over litigation?
    Parties in control of proceedings
    Based on common sense
  • What are the disadvantages of mediation over litigation?
    Only works if parties agree
    Decisions not binding