Negotiation is a common form of Alternative Dispute Resolution (ADR) that involves the parties attempting to reach a settlement or agreement on their own, without the intervention of a neutral third party.
In a negotiation, the parties typically exchange offers and counteroffers in an attempt to find common ground and reach a mutually acceptable resolution. The negotiation process can be informal or formal, and can take place in person, through written correspondence, or via electronic communication.
Negotiation is often used in disputes where the parties have an ongoing relationship or where the dispute is not particularly complex. It can be a faster and less expensive way of resolving disputes compared to going to court or engaging in other forms of ADR.
Negotiation can be facilitated by a lawyer, mediator or other neutral third party, who can help the parties to identify issues and interests, explore possible solutions, and communicate effectively. However, in some cases, the parties may choose to negotiate directly without the assistance of a third party.
Negotiation can be an effective way to resolve disputes, but it requires both parties to be willing to engage in good faith discussions and to compromise where necessary. If the parties are unable to reach an agreement through negotiation, they may need to consider other forms of ADR or litigation.
Get a head start on your legal education with our First Year LLB Study Guide.
