Professional Documents
Culture Documents
October 4, 2022
9. In ADR there is party autonomy which means that parties are free
to set their own rules.
14. ADR institutions are able to deal with cross border matters.
Jurisdiction is contractual.
17. Then came the Chancellor of Exchequer who dealt with law
by conscience known as equity which ameliorated the strictures of
the common law.
18. If a remedy was not to be found in the law, parties can then
seek equity.
20. Law and equity operated side by side but never mixed.
28. You must consider what the client requires. Engage in a cost
benefit analysis.
Recap.
1. ADR spectrum and how it functions – traditionally as an
Alternative to court or as an Appropriate mechanism (litigation
is always an option).
24. Parties can also rank the mechanism they will use.
25. Choice factors. Expectations and needs. What is most
convenient for the parties. What is the cause of the dispute
(process of risk assessment).
e. No authority to settle.
9. Each step must be considered before you can get to the other.
6. Negotiation strategies/framework.
8. Competitive approach
a. Parties engage with the primary objective of being
themselves
b. They make high demands in the hope that they end up with
what they want.
c. Disclosure is limited and on an as needs basis.
d. Few and small concessions are made.
e. Veiled threats may be employed.
f. Doesn’t ordinarily respond to concessions.
a. Fairness
b. Efficient including reference to cost and time
c. Satisfaction of interests
d. Preservation of relationships