Alternative Dispute Resolution

Negotiation is a strategic discussion that resolves an issue in a way that both parties find acceptable. In a negotiation, each party tries to persuade the other to agree with his or her point of view. By negotiating, all involved parties try to avoid arguing but agree to reach some form of compromise.


What is Negotiation?

Negotiation is a way of settling disputes without any arguments or legal proceedings. Each party to the Negotiation contract appoints their own Advocate and communicates all the discrepancies as per the law and as a final outcome for settlement, an agreement (or Memorandum of Understanding) is formed comprising of terms as decided by the parties.

A famous legal maxim ‘Consilia Omnia verbispriusexperiri, quamarmissapientemdecet’ rightfully suggests that an intelligent man would prefer negotiation before using arms.


Is there any process for negotiation?

In order to achieve a desirable outcome, it may be useful to follow a structured approach to negotiation.

The process of Seven Steps To Negotiating Successfully!

  1. Preparation
  2. Discussion
  3. Clarification of goals
  4. Negotiate towards a Win-Win outcome
  5. Agreement
  6. Implementation of a course of action.


Advantages of Negotiation

  1. The private affair of Parties: Negotiation is a party-based dispute resolution, i.e. only the parties concerned enter into an agreement, it is not a public conflict. Thus, the information shared is Confidential.
  2. Freedom of the Parties: The parties involved in the agreement have the freedom to set agenda of their choice and ensure that the objective of negotiation is achieved.
  3. Successful Dispute Resolution: The possibility of dispute resolution is maximum in this form of the resolution process.
  4. Cost-Effective and Time-saving: Negotiation is usually less time-consuming and cost-effective as it doesn’t involve legal proceedings and litigation processes.
  5. Voluntary Process
  6. No Third-party intervention

The ten new rules for global negotiations advocated by Hernandez and Graham nicely coincide with an approach that comes naturally to the Japanese:

  1. Accept only creative outcomes.
  2. Understand cultures, especially your own.
  3. Don’t just adjust to cultural differences, exploit them.
  4. Gather intelligence and reconnoiter the terrain.
  5. Design the information flow and process of meetings.
  6. Invest in personal relationships.
  7. Persuade with questions. Seek information and understanding.
  8. Make no concessions until the end.
  9. Use techniques of creativity.
  10. Continue creativity after negotiations.

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