Alternative Dispute Resolution: Negotiation

Question 1

What is negotiation?

Answer 1

The process of trying to come to an agreement.

Question 2

What occurs when the parties cannot come to an agreement?

Answer 2

They may instruct lawyers/solicitors to negotiate a settlement.

Question 3

What happens when court proceedings have been commenced?

Answer 3

The lawyers/solicitors will continue to negotiate.

Question 4

What are the advantages of using negotiation as a form of ADR?

Answer 4

• It can be conducted solely by the parties.
• It can be used at any point, from the beginning up to the start of a court hearing.
• It is the cheapest method of solving a dispute.
• It can include an agreement about future business deals.

Question 5

What are the disadvantages of using negotiation as a form of ADR?

Answer 5

• It may not be successful.
• It’s not suitable for parties that are antagonistic towards each other.
• If there are repeated unsuccessful attempt it may prolong the issue