Negotiated Dispute Resolution
What is NDR?
Negotiated Dispute Resolution (NDR) is an alternative to litigation or other types of adjudicated dispute resolution. It affords parties the opportunity to work through a neutral facilitator in order to resolve their differences.
The requirement for detailed evidence and disclosure is kept to the minimum required to provide brief summaries of the dispute and the key facts.
The entire process is confidential and what is discussed at NDR cannot be used later if there are court proceedings.
The NDR Process
A typical NDR engagement will take place over four to six weeks with urgent cases being resolved much quicker where parties are prepared and in a position to expedite.
It is a 3-step process:
(1) Confirmation that NDR meets each parties’ requirements followed by individual consultations and an Agreement to Mediate,
(2) Production of brief case summaries and preparation for negotiations,
(3) A half or full-day negotiation and settlement session across as many joint and individual sessions as required.
Key Principles
Voluntary
Participation in NDR is entirely voluntary and participants can withdraw at any stage.
Impartial
NDR is an impartial process facilitated by an entirely neutral Mediator.
Confidential
Every aspect of NDR is confidential. Confidentiality continues from initial contact through to Final Settlement and indefinitely in respect of the specific obligations set out in the Agreement to Mediate.
Self-Determining
The Mediator will provide neutral facilitation and guidance, however the Parties jointly determine the scope and progress of the NDR process at every stage and remain in control throughout.