Checklist 1 - Process Selection
There are six key considerations when deciding what dispute resolution process to use. The answers to the questions listed in this Checklist will point to the right dispute resolution process to use at this time.
- Does it matter how much time is spent preparing for, and participating in, the dispute resolution process?
- How important is it to you to resolve the dispute quickly?
What will each process truly cost:
- In lost opportunity?
- In legal and other related expenses?
- In personal stress?
- In future relationships?
- Will you and the other disputant have to interact in the future?
- Does the quality of your future relationship with the other disputant have the potential of hurting or helping you?
- Is it important that you treat each other with respect?
- What could happen in the future if either of you are unsatisfied with the process or the outcome?
4. Ability to Negotiate
- Is collaboration possible between you and the other disputant(s)?
- Is each disputant seeking a realistic outcome?
- Are you emotionally ready to negotiate?
- Does the dispute itself have a public dimension?
- How will publicity affect you, your business, your family and your relationship with the other disputant?
6. Outcomes. What do you need?
- A non-binding neutral evaluation of contentious facts or criteria?
- A decision reached by a neutral party?
- A detailed, voluntary agreement reached by you and the other disputant(s)?
- An enforceable and public court decision?