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WAR
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LITIGATION
Pros: Dream of winning
Cons: Creativity to solving problems is narrowly bound by law and court rules, parties have little control over process, trust level is nonexistent, cost is high and frequently exceeds the value of the dispute. |
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ARBITRATION
Pros: Potential for fair outcome
Cons: Creativity to solving problems is low, parties control over process is delegated to third party, third party controls the outcome, trust level is low or nonexistent, cost is low, but there are costs involved with third party. |
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MEDIATION
Pros: Creativity to solving problems is high, mediator directs the process, parties have complete control over process and outcome, trust level low but often improves as process proceeds, cost is low (cost of mediator fees), outcome is broad and unlimited.
Cons: Time and money may be lost if no resolution is reached, risk inability of parties to concur, bad faith, win/lose thinking. |
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NEGOTIATION
Pros: Creativity to solving problems is high (but may be limited by tradition or structure), parties have complete control over process, trust level can be very low to very high depending upon parties involved, cost is low or nil, outcome is broad and unlimited.
Cons: Risk inability of parties to concur, bad faith, win/lose thinking. |
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DISCUSSION
Pros: Creativity to solving problems is unlimited and generates or repairs relationships, parties have complete control over process, trust level can be high depending upon involved parties, cost is low or nil, outcome is broad and unlimited.
Cons: Risk depends upon the ability of parties to discuss issues. |






