ADR

1
ADR

• Mediation
• Arbitration

2
Mediation

• Steps
• Stabilize setting
• Help parties communicate
• Help parties negotiate
• Clarify the parties agreement

3
Mediation

• Advantages
• Fast
• Less costly
• Own the solutions
• Less harmful to relationship

4
Mediation

• Disadvantages
• No adherence to solution
• May perpetuate dispute
• May escalate dispute

5
Mediation

• Parties create a solution no decision is
  mandated.

6
Arbitration

• Choices
• Single issue v. multiple issues
• Conventional v. final offer
• Voluntary v. binding

7
Arbitration

• Advantages
• Fast than court
• Less costly than court
• Solution offered
• Knowledgeable arbitrator

8
Arbitration

• Disadvantages
• Negative consequences
• Chilling effect
• Narcotic effect
• Do not own solution
• Lack of commitment to solution
• May be harmful to relationship