Summarize and compare litigation and other methods of dispute resolution.

Students should identify that, in addition to litigation, other methods of dispute resolution exist, including negotiation, mediation, and arbitration. Each method of dispute resolution should be described, including the roles of the negotiators, mediators, and arbitrators. Each method of dispute resolution should be assessed on the basis of such issues as control, delay, cost, privacy, flexibility, good will, predictability, ability to appeal, and visibility. In particular, alternative methods of dispute resolution offer parties greater control, less delay, less distraction, less expense, the opportunity to preserve relationships, and greater overall flexibility. There are disadvantages to ADR, however, in that ADR does not ensure full disclosure, does not always remedy an imbalance of power, cannot ensure consistent outcomes, and may lack enforceability.