Negotiation

Question 1

what is negotiation?

Answer 1

Where two parties resolve their dispute without referring to a third party assistance or submitting to a alternative adjunction

Question 2

what are the benefits of using negotiation as a method of ADR?

Answer 2

• quickest, cheapest, least formal method of ADR (Alternative Dispute Resolution)
• Encouraged by courts since the civil procedural rules 1999
• Can be used for all kind of disputes no matter its complexity (family or contract law dispute or negligence)

Question 3

How do informal disputes work in negotiation?

Answer 3

• resolve disputes face to face = e.g consumer disputing to get a refund for returning a damaged item
• can be done over phone or email or in writing

Question 4

How does for formal diputes work in negotiation ?

Answer 4

• done with qualified negotiators like solicitors that act on the behalf of their party
• e.g personal injury claim or company acquisition (buying another company)
• done in writing, or via telephone, or email or letter

Question 5

When does negotiation take place?

Answer 5

• at any time during the trial -> from before the legal procedure are brought to the final trial itself
• many (95%) “settle at the door of the court” through negotiation to avoid the legal cost and risk of loosing

Question 6

what are the limitations/tactics of using negotiation?

Answer 6

If one party has a stronger financial position than another, and if solicitors are involved, the longer the negotiation continues the more expensive is going to get which might pressure the weaker party.