Negotiation can take many forms. It can occur between the parties themselves if they are still able to communicate effectively. Sometimes family members or community members try to assist them. Where lawyers have already been instructed, very often it is the parties’ respective legal representatives who will conduct the negotiations.
Negotiations can take many forms too, via correspondence, at the telephone or face to face. Often, parties already deeply embroiled in litigation manage to engage in negotiations at the doors of the court and settle their dispute.
Negotiation is simply a conversation between parties in order for each of them to understand the ‘interests’ of the other and to consider how their respective interests could be satisfied recognising that each one has to give a little and that in negotiation, neither party achieves exactly what they want and that they each need to compromise.
Negotiation has the following advantages:-
- Savings in costs as disputes may be resolved more quickly and efficiently
- Less stress and emotional pressure for the Clients
- Certainty of outcome rather than the ‘gamble’ of a court hearing
- Flexibility – the ability to provide by way of indemnity and/or undertakings for matters which the court may not have the jurisdiction to order
- All encompassing
- Reduced acrimony between the parties
- Comprehensiveness – time to ensure that all issues are dealt with fully.