Evaluation of negotiation

• why is the speed of negotiation an advantage?

  Negotiation is a 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 a benefit?

  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 a letter of apology or allowing a neighbour to cut overhanging branches
• why is the private nature a benefit of negotiation?

  Negotiation is carried out in private.The agreement is not published by the media andtherefore the whole process is confidential. Thismeans the parties have no negative publicity andcan even salvage their relationship.
• why is an imbalance of power a disadvantage of Negotiation?

  unfortunately the twoparties rarely have equal bargaining power. Oneparty is often weaker than the other. One partymay be legally represented and the other cannotafford it.
• why is a lack of legal expertise a negative of negotiation?

  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 a lack of certainty a disadvantage of negotiation?

  Precedent is not followedso there is no guarantee that the process will work.The parties cannot predict the outcome, it mayresult in the parties having to take court actioneven after trying negotiation. This will add to thetime and cost of the claim