FAQ

Negotiated Dispute Resolution (NDR) is an alternative to litigation; providing parties with the means of reaching a negotiated settlement facilitated by an IMPARTIAL third party.

• It is completely CONFIDENTIAL.
• Attendance and participation are entirely VOLUNTARY.
• Parties remain in CONTROL of the OUTCOME throughout the process.
• It is MINIMUM RISK with FIXED COSTS and a SPECIFIED TIMESCALE.

NDR is a structured 3-step process:

A typical engagement takes four to six weeks from initial enquiry to final settlement agreement. The Negotiation and Settlement Session (NSS) lasting a half or full day.

Where clients are prepared and in a position to expedite, NDR can be completed within two weeks.

Where the value of the dispute is less than £50k the cost is a FIXED FEE of £750 (+VAT) per party.

This covers the full NDR process from initial contact through to the conclusion of the Negotiated Settlement Session (NSS).

NDR/Mediation has a success rate in excess of 80%.

Where parties are unable to reach agreement at the end of the Negotiation and Settlement Session (NSS) they may elect to return to negotiations within a specified time.

This can be an effective means of achieving final settlement where parties remain in dispute on a particular point or specific terms or conditions. 

Where subsequent NDR attempts are unsuccessful in resolving the dispute, and parties believe they have exhausted alternatives, either party may decide to proceed with litigation (with due regard to the confidential status of NDR and the “without prejudice” conditions contained within the original Agreement to Mediate contract).

The Process 

Parties choose NDR when they are in search of a cost effective, swift and low risk resolution to their dispute.  They are attracted by the relative informality and flexibility where they are guaranteed to be heard and to have the opportunity to understand each others’ situation in full.

Throughout the process you will be consulted as to approach, timings, issues to be resolved and all matters that are relevant to you.  Parties remain in control of the outcome.  Settlement is only final when all concerned are in agreement that it meets their requirements.

Preparation and exchange of information prior to the negotiation and settlement session will be kept to the minimum required to facilitate a thorough exploration of the dispute and a meaningful settlement.

On the day of the Negotiation and Settlement Session (NSS) there will be a joint opening session and then a series of individual and joint sessions as required to work towards a successful outcome.

You

To get the most out of NDR you should approach it in an open and constructive manner with the expectation of resolution where your realistic requirements are met and you have the capacity and intention to implement a settlement agreement.

At no point will you be put under duress.  The process will only progress at a pace that all parties are comfortable with.  You can seek clarification at any stage.

Any decisions you take will be underpinned by sufficient information, a clear understanding of your options and alternatives and your access to appropriate advice.

The Facilitator

The main role of the facilitator is to act as an impartial “process manager” and to guide the parties through:

• an examination of the situation
• their positions and interests.
• their options and alternatives.
• their co-design of a negotiated resolution.

Making the initial approach to determine other parties’ appetite for NDR can be challenging; particularly where communications are already strained.  This often gives rise to hesitancy and delay which can compound the dispute. 

Clients can also be concerned that making such an approach may convey weakness on their part and a lack of confidence in their position.  This is not the case.

Our INITIATE guide describes the benefits of making such an approach and provides you with the resources you require to handle this sensitive stage. 

It is important to recognise that the Agreement to Mediate and Final Settlement Agreement are legally binding contracts and parties must be confident that NDR both satisfies their requirements and that they can meet the undertakings they are signing up to.

Likewise parties may be in dispute over existing legal or contractual arrangements and these must be specifically addressed in the Final Settlement Agreement or honoured as they stand.

Parties can attend the Negotiation and Settlement Session (NSS) with their legal representatives where this is confirmed in advance.  Alternatively legal and other professional advice can be sought throughout NDR and as required during the NSS.

NDR gives individuals and organisations access to a dispute resolution process that would otherwise be unavailable to them by virtue of cost or risk.

The entire NDR process is CONFIDENTIAL; even the very fact that it is taking place.  This acts to reassure participants that they can explore options and alternatives that will not be discussed elsewhere or used against them at a later date.  It also minimises the risk of adverse publicity and external influences.

It is entirely VOLUNTARY and the parties remain in CONTROL of the OUTCOME throughout the process.

It has a high rate of success, in excess of 80%, with Settlement Agreements usually providing a much more comprehensive solution than that available through litigation.

It is MINIMUM RISK with FIXED COST.

It has a SPECIFIED TIMESCALE and can be completed very quickly where parties can commit to expediting the process.