neg Flashcards
(13 cards)
What is negotiation in the context of dispute resolution?
Negotiation is where the two parties resolve their dispute without referring to third party assistance or submitting to alternative adjudication.
What are the benefits of negotiation as a method of ADR?
Negotiation can be the quickest, cheapest, and least formal method of ADR.
Since when have courts strongly encouraged negotiation?
Since the Civil Procedure Rules 1999.
What types of civil disputes can be resolved through negotiation?
Negotiation can resolve any kind of civil dispute, including:
* Negligence
* Contract disputes
* Family law disputes
What is an example of informal negotiation?
Two individuals resolving a dispute face to face, such as a consumer dispute when returning goods and getting a refund.
What is an example of formal negotiation?
Asking qualified negotiators, such as solicitors, to act on behalf of the parties in negotiations, such as settling a personal injury claim or a company acquisition.
How can negotiation take place?
Negotiation can take place:
* Face to face
* By telephone
* By email
* By letter
When can negotiation occur during a legal case?
Negotiation can take place at any time during a case, from before legal proceedings are brought, through to the final trial itself.
What is meant by claims settling ‘at the door of the court’?
Many claims will settle just before the trial is due to start as the legal costs and risk of losing become a focus.
What impact do tactics have in negotiation?
Tactics play a part as one party may be in a stronger financial position than the other.
How does the involvement of solicitors affect negotiation costs?
Once solicitors are involved, the costs will rise the longer negotiations go on.
What percentage of civil claims are settled ‘out of court’ through negotiation?
95% of civil claims are settled ‘out of court’ through negotiation.
