negotiation E

Cards (9)

  • What can happen if the parties are unable to reach a settlement?​
    Can collapse and the nest step is another form of ADR is attemted.
  • What are the Advantages of Negotiation?
    • No need to use lawyers
    • Process can start at any point
    • Agreement can cover future business deals
  • Why is No need to use lawyers an advantage?
    P - because the parties themselves can conduct the meetings
    D - For example, in simple consumer issues/disputes
    E - Therefore it is much cheaper and a quicker method to solve disputes
  • Why is the process being able to start at any point is an advantage?
    P - This means it can start outside the curt before the trail begins
    D - Because of this it is less expensive as the full trial doesn't have to take place in court.
    E - also means a better settlement can be reached than if it was left for a judge to decide.
  • Why is the agreement being able to cover future business deals an advantage?
    P - This means it does not have to be all legal requirements
    D - Also t is not confined to the rules of precedent and doesn't attract media attention
    E - Therefore reputation is maintained
  • What are the disadvantages of Negotiation?
    • Can become expensive
    • May not be successful
    • it is not suitable for some parties
  • Why can it becoming an expensive process be a disadvantage of negotiation?
    P - because if an agreement is not reached and lawyers may need to become involved
    D - In addition unless it is personal injury, egal funding or condition is not available
    E - Therefore claim can be dropped and justice isn't met
  • Why may it not be successful a disadvantage of negotiation?
    P - This means they will either have to try another form of ADR or proceed to court
    D - However problem is it doesn't cover all types of claims
    E - Therefore there is no alternative other than proceeding to court
  • Why is it not a suitable process for some parties?
    P - Some parties any have a very difficult relationship with eachother
    D - For example, family situations where negotiation face to face can be intimidating
    E - Furthermore in employment if it relates to disputes of bullying or discrimination it can be difficult