negotiation

• what is meant by negotiation?

  When parties try to reach a compromise themselves
• • It is usually the first method used to resolve a dispute
  • Negotiation involves the two parties to the dispute communicating directly with each other in a attempt to resolve their issues without the need for court action
  • The disputing parties can choose to communicate using any method such as a face to face meeting, telephone or email.
• • There is no fixed procedure involved in negotiation. Usually the two parties will meet to state their position. It is important for the partiesto concentrate on the issues and put their personalities aside
  • Negotiation will require the parties to compromise however the solution is agreed by the parties themselves and therefore does not result in a winner and loser.
• • Negotiation is the cheapest form of ADR as is does not incur any costs unless lawyers are used.
  • The parties can chose to use solicitors or other non legal representatives to carry out the negotiation on their behalf.
  • Negotiation is an effective way to resolve low disputes such as simple personal injury and neighbour disputes and can continue even after court action has commenced
• what are the advantages of negotiation?

  Speed

  informality

  cheapness

  privacy
• What are the disadvantages of negotiation?

  Imbalance of power

  lack of legal expertise

  lack of certainty
• Why is the fact that negotiation is speedy an advantage>

  Negotiation is quicker than the other methods and the civil courts. The parties agree to meet at a time and date that is convenient to them and is usually shortly after the dispute. However the parties must wait several months for a courthearing. Time does not need to be wasted on familiarising everyone with the issues as the parties are aware of the reasons for the dispute arising.
• Why is the informal nature of negotiation an advantage of it?

  There is no formal process involved in negotiation. The parties can merely meet to discuss the issues and come to a solution. The outcome does not need to be recognised by the law and can be in any form such as a letter of apology or allowing a neighbour to cut overhanging branches.
• why is the fact that negotiation is cheap an advantage?

  Negotiation is the cheapest method as it incurs no costs or legal fees. The only costs the parties may have are postage and telephone costs. However if lawyers are instructed then this adds to the cost. Negotiation's cheap nature allows more people to access justice.
• why is the private nature of negotiation an advantage?

  Negotiation is carried out in private. The agreement is not published by the media and therefore the whole process is confidential. This means the parties have no negative publicity and can even salvage their relationship.
• Why is the imbalance of power in negotiation a disadvantage?

  Unfortunately, the two parties rarely have equal bargaining power. One party is often weaker than the other. One party may be legally represented and the other cannot afford it. This makes accessing justice harder for the weaker party, as they are at a disadvantage.
• why is the lack of legal expertise in negotiation a disadvantage?

  Lawyers are rarely used and therefore there is a lack of legal knowledge. This can be an issue if the negotiation involves a complex area of law such as property. The parties may agree a solution that is not enforceable or practical and therefore may require legal advice adding to the cost.
• Why is the lack of certainty in negotiation a disadvantage?

  Precedent is not followed so there is no guarantee that the process will work. The parties cannot predict the outcome, it may result in the parties having to take court action even after trying negotiation. This will add to the time and cost of the claim.