ADR: Negotiation

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  • Created by: Eldred
  • Created on: 03-02-14 19:28
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NEGOTIATION
Where the 2 parties come together to try and reach a compromise.
Can be done by the parties directly face to face or through lawyers.
If through lawyers, it can be by letters marked "without prejudice" meaning if an
offer to accept less is made the letters can't be used in court as evidence one
side had a weaker case.
Often negotiations take place at same time as court case is proceeding.
Advantages
1. Much cheaper and quicker than going to court
2. Much less intimidating
3. Parties more in control but still can have lawyers to act for them if they want
4. Can negotiate at the same time as preparing case for court so no wasting time
5. Most cases settle eventually anyway but often not till "at door of court" when all
money has been spent. Better to settle straight away.
Disadvantages
1. Will have to compromise
2. if negotiation fails you still have to go to court

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