Negotiation

This ADR technique is the most widely used and is usually the cheapest.

The process is voluntary and can be stopped at any time. The negotiation is essentially the process of persuading one side that your position is the most equitable one. One flaw in the process is that the power of persuasion is usually eclipsed by the bargaining power of one of the parties. Therefore the outcome usually will not reflect the underlying needs of the referring party.

Like many forms of ADR as the process is voluntary it is also non-binding up until the point agreement is reached. Therefore there are no guarantees of success.

A great benefit of negotiation is the parties retain control of the dispute. This way there can not be any third party ruling which either party might have to abide by.

There are two recognised forms of negotiation. They are referred to as positional bargaining and principled negotiation. The method chosen will usually be determined by the bargaining power of the parties.

Where negotiation fails to produce a resolution to the dispute the aggrieved party often considers moving very quickly to more coercive means. This is not always the best tactic and where the parties are genuinely keen to find an agreement suitable to both then mediation should be considered.

ConstructPRO have many years experience of resolving disputes through negotiation. For more information or an informal chat please get in touch today. Alternatively click here to request a call back.

Read about our extensive experience of Dispute Negotiation.