Advantages & Disadvantages of Negotiation

Question 1

Adv - Conduction

Answer 1

• Parties can conduct the negotiation themselves.

- There’s no need for lawyers in the process, therefore it is cheaper and less time consuming.

Question 2

Adv - Used at Anytime

Answer 2

• Negotiation can be used at any point in the dispute from the beginning rights up to the start of a court hearing.
• Could be useful in the sense that you may not want to go to court after all and want to settle it through negotiation instead.

Question 3

Adv - Cheap

Answer 3

• It’s the cheapest method of resolving a dispute, in particular when the parties conduct it themselves.

Question 4

Adv - Can Include Agreement

Answer 4

• Resolution can include agreement about future business deals.
• Can also be done in mediation and conciliation but cannot be done where the court makes the decision.

Question 5

DisAdv - Success

Answer 5

• It may not be successful, so that other ADR or litigation proceedings may have to be used.

Question 6

DisAdv - Antagonism

Answer 6

• Not suitable where the parties are very antagonistic towards each other as they will not be prepared to co-operate in finding a resolution.

Question 7

DisAdv - Repetition

Answer 7

• If there are repeated unsuccessful attempts at negotiation, it may prolong the whole issue.