LAWS107 Chapter 12: week 12
Document Summary
Adjudication: refers to all processes, statutory or contractual in origin, in which interveners make binding decisions for parties on the basis of relevant facts and principles, commonly referred to in legislation in the building sector. The extent to which negotiation involves a mutual and reciprocal balancing of needs and interests is questionable: aspirational, working against this aspiration. Ambiguity of legal rules and lack of precedent. Purpose of negotiation: transactional (rule-making, dispute resolution. Motivations for negotiation: avoidance of adverse publicity, fear of costs, playing for time, seeking information from the other side. Outcomes of negotiation: an ideal negotiated outcome will satisfy as many of each side"s interests as. Content: what is the dispute about, restricted to what is described as negotiable issues may exclude from the outset issues that will not form part of the negotiation. Generic: years of practice and study to become a good negotiator.
