Negotiation

Negotiation is the most widespread and most frequently used dispute resolution process.

When engaged in a dispute or conflict, parties will usually make some attempt to discuss the problem with the other side. Often these discussions break down because of unreasonable demands by one side creates anger and abandonment of the process, by the other.

At its simplest, a negotiation, is an unstructured argument without an end plan and therefore ultimately unsuccessful. Often between lawyers it is reduced to its simplest, in the form of a settlement conference about money in which each party compromises or “splits the difference” with little if any consideration of the real issues or interests of the parties.

Many people still negotiate like characters out of the Maverick American television western of the 1950’s.  Just like the gamblers in that TV series, they hold their card close to their chest, unwilling to identify their real concerns or share information. While wanting to win they are more concerned about losing.

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