Negotiated Dispute Resolution (NDR) arguably ‘cuts to the chase’ in terms of settlement and focusses on offers in a shorter timescale.
The benefits of using mediation for helping settle disputes are well known. Audited reports confirm an 85% successful settlement rate. Mediation allows both parties a confidential voice and input to an outcome and enables settlement, the avoidance of further internal resource and cost spent on an ongoing dispute, the avoidance of potential negatively perceived public media coverage and the avoidance of next stage litigation and the accompanying time, stress and expense that accompanies such litigation.
That said, there are occasions, whereby one feels an outcome at a mediation, may have been achieved in a shorter timescale, without the need for senior personnel to take a day out of their diaries along with ‘time-out’s in a solitary room, along with the associated costs and expenses of attending an all-day mediation.
There are numerous scenarios whereby NDR is a viable and suitable alternative to a full days mediation and can provide a speedier more cost-effective resolution.
A mediator spends a lot of time ‘getting to know’, ‘getting underneath’, ‘building rapport’ etc then accompanied by building up to one or either party ‘potentially considering making an offer’. One could argue there is less of a need to go through each traditional stage of a mediation that parties ’unfamiliar with one another’ should go through. In essence, NDR ‘cuts to the chase’. A settlement agreement, as with a standard mediation, would be drawn up and agreed between both parties in the event of a successful outcome. NDR is not suitable for all dispute scenarios but offers greater efficiency for certain scenarios as outlined above.
In NDR the expectancy is that the parties ARE coming to make offers, early on in a focussed and limited timescale.
The NDR process is very similar to a mediation process except it is time limited to 4 hours with earlier focus on offers and agreeing settlement.
The fee for NDR is approximately 70% of the fee for a full day mediation.
Please contact me to understand further.