LLB103 Lecture Notes - Lecture 3: Procedural Justice, Problem Solving, Negotiation
Document Summary
Negotiation involves people with perceived conflicting interests, working towards an understanding of how best to resolve their differences or reach a deal (alexander, Parties with their lawyers are in the best position to assess proposed solutions. Parties own the process and the outcome. Compromise often offers parties at least some of what they want. Parties might not resolve all issues but may narrow them (spencer, 2016, pp 29-30) Power imbalances can lead to unfair or unjust outcomes. Inept practice or representation, or a failure to prepare adequately, can result in a party agreeing to a settlement outcome below what a court may order. A zero-sum game (what one party gains the other party loses) Target points set to reflect parties aspirations. Outcomes tend to reflect litigation remedies and court outcomes. Understanding adversarial negotiation can allow you to participate in it more effectively. The greatest benefit of this model is as a complement to other negotiations.
