Submitted By emilybingham21
Advantages and disadvantages of forms of dispute resolution
Negotiation is one type of dispute resolution which requires 2 disputing parties to talk to each other and come to an agreement themselves. One good thing about negotiation is the speed, the process is a lot quicker than using something like a civil court. And the parties will meet at a time that is convenient for both of them, and it will most likely be shortly after the problem that caused the dispute arose, so both parties will definitely be familiar with all the facts. Another advantage is the formality. The process is a lot simpler than other types of dispute resolution, for example the courts, as it solely relies on the parties discussing the issues between them. The terms of settlement can come in any form from a written letter to a physical action against the problem to resolve it. Another advantage is the cost. Negotiation is the cheapest out of all the forms of ADR as there are no legal or court fees, however if solicitors are brought in a later date this could add a slight cost. One final advantage is the privacy. All proceedings are done in private, there is no publicising in media. The disputing parties can be certain that the whole process is confidential and no one outside of the dispute has to know anything about the dispute or the settlement they come to. However there are some disadvantages of negotiation, one of them being the lack of legal expertise. Lawyers are not used in the process initially meaning there is no legal expertise during the process. However, lawyers may be brought into the situation if a settlement is not agreed. Another disadvantage is the lack of certainty. There are no rules to follow so the parties have no security that the process will be successful and the whole process itself may make the dispute a lot worse. One more disadvantage is the enforceability. The…...