What is Negotiation?

Negotiation is an ADR process by which parties resolve their disputes. They agree upon course of action and bargain for advantage. Sometimes, they try to adopt such a creative option that serves their mutual interests. Because of its mutual advantages, people negotiate in almost all walks of life, from home to the courtroom. It is the most common form of resolving a dispute and this process solves most disputes. If Negotiations fail, it is necessary to seek the assistance of a neutral third party or several neutral third parties to reach a solution.

How is a dispute resolved by Negotiation?

Negotiation bargaining is a process in which both the parties cooperate and seek a solution that is mutually beneficial (a win-win solution or co-operative bargaining). It can also be confronting when each side seeks to prevail over the other. If Negotiation succeeds, the parties sign a settlement agreement incorporating the terms and conditions of the agreement or they can simply enforce the agreement. The definition of the Negotiation process, and how the process occurs differs across cultures.

What is 'Position-Based Negotiation'?

'Position-Based Negotiation' is a term that describes the traditional approach to Negotiation, in which the parties are firmly committed to their bargaining positions. It exchanges proposals and counter proposals in the anticipation that one or more parties will compromise to achieve a dispute settlement that satisfies all parties.

What are Facilitated Negotiations and what is the role of a Facilitator?

The Negotiations which have a coordinator known as Facilitator are called Facilitated Negotiations. Facilitated Negotiations are assisted by a qualified Facilitator. He runs the meetings, keeps the parties focused, guides them in the process, encourages ground rules, and takes notes. He helps the parties with divergent views to reach a goal or complete a task to the mutual satisfaction. He improves the definition of issues, develops options, keeps on task, and ultimately increases the likelihood that a consensus will be reached.