Negotiate not mediate…
The process involved in negotiation will often be similar to mediation, but there is no independent third party to manage the parties’ communications. The parties agree to manage these themselves, and decide whether negotiations will be conducted by exchange of written correspondence, over the telephone or by face-to-face meetings.
The process is more flexible than mediation, and less expensive, in that a paid for venue is rarely required, and no mediator has to be booked and paid for.
The process starts with an approach to the other side detailing the nature of the remedy sought and setting out proposals for how it can be resolved. If a settlement can be agreed, this leads to the formation of a binding agreement that can be enforced by law.
The process can yield significant benefits such as:
- Improved communications
- Lowered tensions
- A willingness to explore different solutions
Plexus staff always promote the adoption of negotiation where they believe it is in the interest of clients and especially where litigation can be avoided. Engaging in a structured negotiation in this way usually satisfies the court’s requirements to attempt Alternative Dispute Resolution, and thus prevents costs penalties being awarded.
Alternative Dispute Resolution