Negotiation Model Answer

• Negotiation is where an individual attempts to resolve an issue directly and privately with the other party aiming to reach a compromise agreement to end the dispute. It is the most basic and informal method of ADR compared to going to court and usually tried first to resolve a dispute. Negotiation can be used for all kinds of disputes especially low-key disputes e.g. neighbour disagreements; disputes between house-holder and tradesman such as over the cost/quality of work, landlord-tenant disputes. It is generally the first method used to resolve a dispute.
• Negotiation is flexible and can be carried out directly between the parties themselves who have a dispute. It can also be done indirectly by solicitors representing each party or even other third parties

  such as Trade Union representatives (eg National Union for Teachers rep)
• The key to negotiation is that it must be voluntary so both parties must agree to it. Within this voluntary agreement the negotiation can be either informal or formal.
• There are no rules regarding how negotiation should take place. Due to the convenience of this, informal negotiations can take many forms such as two parties simply discussing their problem over the telephone, via e-mail, letter and even text. No final deadline may be set so they may try and negotiate until an agreement is reached. For example, a landlord and tenant trying to negotiate a new tenancy agreement.
• Formal negotiations may require a strict timetable followed by both parties to reach a negotiated settlement by an agreed date. Often this will be face to face in person or with the involvement of solicitors.
• When negotiating, the focus should be on issues and not the personality of the parties involved. Usually, the negotiations and contact will continue until a resolution is achieved or fails. If negotiation has been successful then a settlement will be reached and if the agreement is written down then it becomes a legally binding agreement and enforceable. However, there is no obligation on the parties to reach an agreement so if no settlement is reached then the dispute may continue in court. If they fail, negotiation can still carry on up until a Judge reaches a verdict, without prejudice basis (no prejudging).