KEY FACTORS TO BE CONSIDERED IN DECIDING ON AN ADR PROCESS

摘要

1. Time and Cost: What time and expense will be involved in a court proceeding or arbitration as opposed to mediation? 2. Desire to Settle: How eager are the parties to have the case resolved? 3. Desired Result: Can the court or arbitrator(s) provide the relief sought or would it more likely be realized through mediation and a voluntary resolution? 4. Existing Relationships: Is there an ongoing relationship between the disputants that is important to preserve, and would it be more likely to be preserved through mediation and voluntary resolution? 5. Delay Factor: If one party seeks and can afford delay, litigation or arbitration may serve that party's interests, making meaningful negotiation and mediation less likely.