Essay On Negotiation Process

party must, in most cases give up something in exchange for getting something from the other side.”

Negotiation process can lead to a speedy and informal resolution of disputes. It also helps protect the confidentiality and avoid publicity of the parties involved. Parties may improve communication between them that will enhance or preserve relationship between parties and hence leads to a speedy resolution of disputes. Parties have high degree control of the negotiation process. If an agreement is reached, parties can craft out their own agreements. Resolutions can be tailored to the needs and underlying concerns of the parties and can address legal and non-legal issues as well as providing for remedies unavailable through adjudicative processes. Legal or other just methods can be used in crafting agreements.

When parties craft their own agreements there’s an increased satisfaction and high chance of compliance with settlements in which parties have directly participated in crafting. “If an agreement is reached, it is usually spelled out in writing and becomes a contract that can be enforced in court. The courts have a policy of enforcing negotiated settlements.”

Negotiation process can at time be disadvantageous as parties might stall the negotiation process as the parties are not compelled to continue negotiations. In negotiation lack of neutrality may reduce the chance of reaching an agreement, particularly in complex disputes or those disputes involving multiple parties. Disclosure of information and truthfulness of information depends of the good faith of parties, there’s no compelling authority to compel good faith. “One problem is that negotiation is typically not a public process. As a r...

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The fundamental difference between mediation and conciliation is the degree of involvement by the independent third party. Conciliation allows the neutral third party to advice on substantive matters through formal recommendations and settlement proposals. In contrast, mediation requires that the third party address process issues only and facilitate the parties in reaching a mutually acceptable negotiated agreement.

Mediation is one of the oldest forms of ADR. The mediator works with both sides in the dispute to facilitate a resolution. The mediator will talk to both sides separately as well as jointly in order to help both sides evaluate their options. Although the mediator can propose solutions to both parties, the mediator does not make a decision resolving the matter. There’s no requirement that states the mediator need to be a lawyer.