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ADR keywords - Coggle Diagram
ADR keywords
Negotiation
Advantages
Non-adjudicative
- Outcome of negotiation is reached by parties together without recourse to 3rd party neutral (important when none of the parties want to involve parties in the process) - highly sensitive in nature
- If parties are negotiating in good faith, provides parties with chances to design agreements that is beneficial to both
Flexibility
- depends on choice of parties
- can determine topic of subject of negotiations
- most flexible form of ADR as it includes only those parties with an interest in the matter
- parties can also structure negotiations according to their needs
Disadvantages
Stalling tactic
- May prevent another party from asserting their proper rights
Uncertainty
- Cannot guarantee good faith or trustworthiness or parties, can affect outcome
Party power
- Parties with more power may compell weaker parties / pressure them
Offer:
- First proposal made by one party to another in negotiation stage
Counter Offer:
- Offer made by 2nd party to 1st party proposing their offer against 1st party offer
Concession:
- Increase or decrease made in the offer or change in the idea
Compromise:
- Sacrifice made by both or one party
Agreement:
- Point where both parties agrees, beneficial to both
ADR Methods
Decision making ADR:
- Involves neutral 3rd party
- Has authority to make decision
Arbitration:
- Listen to both sides and then making decision, usually binding on parties
Adjudication:
- Formal process, resembles court proceedings, neutral adjudicator makes a decision based on presented evidence and arguments
Facilitative ADR:
- Involves neutral 3rd party
- Help parties reach a resolution on their own, WON'T MAKE DECISIONS FOR THEM
Mediation:
- Assists parties in negotiationing a settlement but does not impose a solution
Conciliation:
- Similar to mediation, conciliator can propose solutions, but final decision remains with parties
Concilliation
Advantages
Maintains relationship
- helps preserve relationship in disputing parties unlike court cases
Selection of Conciliator
- Parties are free to select the conciliator depending on expertise, experience, language etc
Meeting:
- Where there is 2 disputing parties meet with conciliator
Statement:
- Each party in the dispute express their side of the story, details of issue and preffered outcome of objectives
Suggestion:
- Conciliator suggests solution, depends on parties to accept or not
Agreement:
- Once agreement is reached, formalised in writing, signed by both parties, = binding contract
Resolution
- Includes a collection of procedures to prevent, manage / resolve disputes
- by providing a decision on rights and obligations of the parties; or
- a FACILITATIVE process with the purpose of parties acknowledging and appreciating their differences
ADR
Advantages
Finality of Awards
- Arbitrarial awards are not normally subject to appeal
Informal
- No prescribed rules in negotiation, parties are free to adopt whatever rules they choose
- Can choose timing/location, freedom of choice
Confidentiality
- ADR proceedings are private, parties can agree to keep discussions confidential
Party autonomy
- Gives parties greater control over way their disputes are resolved that would be the case of court litigation
- parties themselves decide how they want it to end