-
NADRAC
-
parties
-
assistance
neutral 3rd party
- identify issues
- deevelop options
- consider alternative
- endeavour / agreement
-
mediator dosen't
- advise
- determine outcome
-
mediator does
- guide
- may determine process
-
uses
- employment
- commercial
-
Statutory
- administrative review / appeal bodies
- court annexed
- family
- local govt/ environment
- industry based DR schemes
- neighbourhood/ communitty
-
elements
-
decison making process
- facilitated by neutral
thrid party
-
absence
- determination
- judgment
- without prejudice
- consensus
-
participation
- voluntary
-
confidential
- generally but perhpas report of outcome
-
variable features
- wide range of possible solutions
- empowerment/ownership
- interest rather than rights bqsed
- degree of intervention
-
future role model
- dialogue
- decision making
- manage emotional element
- capapcitiy to preserve relationships
- legal status of outcome
-
advantages
- alacrity
- parties directly engaged
- confidential
-
relationships
- preserve
- enhance?
-
solutions
- wide ranging
- flexible/ creative
-
informal
- less cost
- less time
- rationality / fairness
of the dispute process
-
outcome
- satisfy interests
- not imposed
-
expand
- knowldege
- information base
- of decison
-
commitment to outcome
- their own solution
- more enduring
-
justice system
- reduce alienation from
-
expand opportunities to deal with
- psychological
- social
- economic
- dynamics that often drive litigation