NEGOTIATION as a method of alternative dispute resolution

Question 1

what is negotiation

Answer 1

where 2 parties resolve dispute without referring to a 3rd party’s assistance or submitting to alternative adjudication

Question 2

what are some advantages of negotiation

Answer 2

it can be quick, easy & least formal method of ADR & has been strongly encouraged by the courts since the civil procedure rules 1999

Question 3

when may negotiation be used

Answer 3

to resolve any kind of civil dispute, no matter the complexity of the case or the money at stake. e.g. negligence, contract and family law

Question 4

Formal negotiations

Answer 4

can be formal such as asking qualified solicitors to act on behalf of parties e.g.

negotiating settlement of personal injury claim. Can be face to face, on telephone, email or a letter

Question 5

Informal negotiations

Answer 5

can be informal such as 2 individuals resolving dispute face to face e.g

returning goods and getting refunded —> can happen in writing or via phone

Question 6

When can negotiations take place

Answer 6

at anytime during the case, from before legal proceedings take are done to all the way through the trial —>

many claims will ‘settle at the door of the court’ just before trial is due to start as legal cost & risk of losing are bought sharply into focus

Question 7

Negotiation tactics

Answer 7

tactics play part as one party may be financially stronger—> once solicitors are involved, cost will rise the longer the negotiation goes on

Question 8

how many civil claims are settled at the court

Answer 8

95% are settled at the door of the court through negotiation