negotiation

Question 1

advantage: speed

Answer 1

a dispute can be solved in minutes eg by a phone call

Question 2

advantage: cost

Answer 2

cheapest form of ADR , eg just cost a phone call, lawyers will add costs of needed

Question 3

advantage: lack of formality

Answer 3

far less formal than civil courts, discussion can be held in safe environment

Question 4

advanatage :privacy

Answer 4

conducted in privacy means relations can be maintained

Question 5

disadvantage: imbalance of power

Answer 5

one partner may have less financial power which can lead to bullying
large companies have own legal team, used to defending small claims- lead to out of court settlement, wouldn’t receive corrective justice.

Question 6

disadvantage: lack of legal expertise

Answer 6

if lawyers not appointed , there may be no legal knowledge which could result in further disputes in future

Question 7

disadvantage: enforceability

Answer 7

may not be clear what each party have entered binding contract which is enforceable in court

Question 8

key info

Answer 8

• only form of ADR with NO third party
• parties can communicate directly to reach agreement
• can be face to face or over the phone
  -no fixed procedure
• needs compromise to be successful
• often first type of ADR tried
• large companies use negotiation
• no costs

Question 9

example

Answer 9

if you injure yourself on loose flooring, often offer you a sum of money as an out of court settlement to avoid costs

Question 10

how are neighbour disputes resolved

Answer 10

through negotiation