What Is Negotiation?Negotiation is a process that can replace costly litigation in resolving disputes. Negotiation proceedings are informal, inexpensive, and much less stressful then a lawsuit. Both sides can talk freely about their differences without involving other people. Even if a lawsuit is pending, negotiations between parties often take place continually (to reach a settlement). What if the Other Side Refuses to Cooperate? Obviously, not everyone will cooperate and engage in negotiations. If they did, there would be no lawsuits! When a party refuses to engage in negotiations, it does not mean the negotiation process is dead. "Assisted negotiation" can facilitate negotiations even if the other party is uncooperative. Some examples of assisted negotiation: Obviously, not everyone will cooperate and engage in negotiations. If they did, there would be no lawsuits! When a party refuses to engage in negotiations, it does not mean the negotiation process is dead. "Assisted negotiation" can facilitate negotiations even if the other party is uncooperative. Some examples of assisted negotiation: - Mini-trial - Here, an independent third party with expertise on the situation acts as a judge while attorneys for both sides present arguments. The "judge" then gives his/her expert opinion on the likely winner (if the lawsuit was real). The opinion is not binding, but it can jolt an uncooperative party to negotiate.
- Early neutral case evaluation - A third party with expertise about the dispute is hired to evaluate the position of both sides. This evaluation then becomes the basis for negotiating a settlement.
- Conciliation - A third party is hired to ensure that the two parties make progress. The two parties do not even need to meet face to face if a conciliator is hired. Conciliators do not recommend solutions; they only make sure that negotiations continue between the parties.
How Is Negotiation Different from Mediation?A mediator presides over the mediation proceedings, gives advice, and works with the parties toward a mutual agreement. The negotiation process does not always have a mediator. Even if there is, the parties are the only ones that decide the issue. A mediator in a negotiation process only makes sure that negotiations continue in a fair manner.
How Is Negotiation Different from Arbitration? Arbitration is much more like a lawsuit then negotiation. Whereas negotiations involve informal meetings, arbitration has set rules and guidelines for all disputes. Negotiations are much less complex and formal then arbitration proceedings.
Do I Need an Attorney to Participate in a Negotiation Procedure?Negotiations are not lawsuits; however, this does not mean it is pointless to have an attorney assist you in negotiations. Attorneys are trained in negotiations and they can address all your needs to the other party. If you are participating in a negotiation process, contact an experienced attorney to ensure an appropriate agreement is reached. |
