Cards (2)

  • Disadvantage: not binding
    is that the the outcome tends to be non binding on one or both parties. This means there may be repeated unsuccessful attempts of negotiation and this would then prolong the whole issue. A party may also decide to terminate at any stage and try another form of ADR or use the courts and this could then lead to a waste of any time , effort or money invested by the other party
  • Disadvantage: may not be suitable and so unsuccessful
    is that it is not suitable where the parties are very antagonistic towards each other as they will not be prepared to cooperate in finding a resolution especially where there is no neutral party. Also some issues or questions are simply not for negotiation. There will be virtually no chance of an agreement where the parties are divided by opposing ideologies or beliefs. In this situation, other ADR or court proceedings would have to be used and the initial step of trying to negotiate may have enhance ill feeling between parties.