Comparisons

                Advantages and disadvantages of different dispute resolution methods

               Advantages                     Disadvantages                        
   Do Nothing    o Effortless                   o The dispute remains unresolved   
                 o Avoid stress of              o One party will still be          
                   confronting the dispute        disadvantaged at the hand of the 
                 o Matter remains private         other party                      
   Negotiate     o Both parties get to play a   o Emotions can often be intense    
                   role in resolving the          during disputes so it may be     
                   dispute                        difficult for the parties to     
                 o The resolution is              think clearly                    
                   agreeable to both parties    o Sometimes the parties don’t have 
                 o Available remedies are         enough knowledge of the subject  
                   limitless                      matter of the dispute to ensure  
                 o It doesn’t cost anything       a fair deal is struck and that   
                   to negotiate with the          strict legal rights and          
                   other party                    obligations are enforced.        
                 o Easy process                                                    
                 o Matter remains private                                          
   Mediation     o Mediator facilitates         o There are costs associated with  
                   negotiations and takes         hiring a mediator                
                   steps to ensure that the     o The product of mediation is the  
                   communication between the      creation of a solution which is  
                   parties remains calm           acceptable to the parties. This  
                 o Both parties get to play a     does not necessarily mean that   
                   role in resolving the          the parties’ strict legal rights 
                   dispute                        and obligations have been        
                 o The resolution is              maintained.                      
                   agreeable to both parties    o Mediated solutions are not       
                 o Available remedies are         legally binding unless the       
                   limitless                      parties agree to the terms of    
                 o Relatively easy and            the mediated solution by signing 
                   informal process               a contract.                      
                 o Matter remains private                                          
                 o Mediation is normally much                                      
                   less expensive than                                             
                   litigation                                                      
                 o Mediation is relatively                                         
                   quick and efficient                                             
   Arbitration   o The Arbitrator imposes a     o The arbitrated solution may not  
                   solution upon the parties      be agreeable to both parties     
                   which is useful if the         (win-lose)                       
                   parties are too              o The range of remedies available  
                   adversarial to craft their     for the Arbitrator to impose is  
                   own solution                   limited by the Arbitrator’s      
                 o Arbitrators often have         authority.                       
                   specialized knowledge of     o Process is more formal than      
                   the subject matter of the      mediation                        
                   dispute                      o Process often takes longer than  
                 o Process is less formal         mediation                        
                   than litigation              o Process is often more expensive  
                 o Process is more expedient      than mediation                   
                   than litigation              o Matter does not remain private   
                 o Process is typically less                                       
                   expensive than litigation                                       
   Litigation    o Creates useful precedent     o Court proceedings are generally  
                 o Strict legal rights and        public so privacy and            
                   obligations are enforced       confidentiality is limited       
                                                o Expensive                        
                                                o Can be a lengthy process         
                                                o Formal process                   
                                                o Stressful process                
                                                o Limited remedies available       
                                                o Win-Lose solutions; adversarial  
                                                  process