Negotiation Flashcards
Negotiation
This is where 2 parties resolve their dispute wihout referring to 3rd party assistance or sudmitting to alternative adjudication.
What can negotiation be?
The quickest, cheapest and least formal method of ADR.
By whom and since when is negotiation encouraged to be used?
By the courts and since the Civil Procedure Rules 1999
What kind of dispute can negotiation be used nto resolve?
Any kind of dispute, no matter how complex teh case is or how much money is at stake such as negligence, contract and family law disputes.
Is it formal or informal?
It can be both
Informal
2 individuals resolving dispute face to face e.g. a consumer dispute when returning goods and getting a refund, and can happen through phone, writing or email.
Formal
Asking qualified negotiators such as solicitors to act on behalf of the parties e.g. negotiating the settlement of a personal injury claim, or a company acquisition, and can take place face to face, by telephone, email or letter.
When can negotiation take place?
At any time during a case, from before legal proceedings are brought, through to the final trial itself.
When do many claims settle?
They “settle at the door of the court” just before trial is due to start.
Why do most claims “settle at the door of the court”?
As the legal costs and risk of losing are brought sharply into focus.
Tactics
They play a part as one party may be in a stronger financial position than the other one, and once solicitors are involved, the costs will rise the longer the negotiations go on.
How many of the civil claims are settled “out of court” through negotiation?
95%
