Last Updated on June 23, 2022 by rida
Courts are overflowing with cases. Nearly 80,000 Americans were defendants in federal criminal cases during 2018. If judges had considered each of these cases every day, they would have looked at roughly nine cases every hour.
Thankfully, many cases don’t make it to trial. Lawyers speak to each other and negotiate terms that both sides agree to. When you are faced with a difficult court case, you should consider negotiation in law.
But what exactly is negotiation? What qualities does a good negotiation have? How can you prepare and carry out a negotiation?
Answer these questions and you can come to a conclusion on a costly legal matter. Here is your quick guide.
The Qualities of Negotiation in Law
Townsville law firm WRG explains that negotiation involves communication between two sides in a legal matter. They try to reach a two-party agreement that will resolve the dispute and prevent the case from escalating further.
Negotiation is always voluntary. If one side wants to go to court, they should not go through negotiation. The only parties involved in negotiation are the parties in the dispute, with no third-party mediator.
There is no such thing as negotiation law or rules. It is an informal process with both sides doing what they need to do to reach a consensus. They can communicate with each other in any way they want and they go to any location to talk things out.
The basics of negotiation and dispute resolution can be hard to understand. You should talk to a family law lawyer and find out more information about negotiation. You should not try to negotiate if you cannot understand what the process means.
Preparing for Negotiation
Negotiation starts when one party tells the other they would like to resolve their dispute. This can occur at any time and for any reason.
If both sides agree to negotiate, they can work out the process for negotiation. They should create an agenda, deciding which topics they want to discuss. They should also decide if they want to keep their conversations confidential or involve their lawyers.
You should not go into a negotiation without a strategy. You should do your research and understand all of the important issues in your dispute.
Think about what you want out of the negotiation. You may want to understand what the person opposing you thinks and believes. You may want to resolve an issue like child custody, deciding who will spend the most time with your child.
You will not get everything you want. But you can reach a middle ground that makes everyone happy. You may have custody of your child every other week, or you may have visitation rights.
The Essentials of Negotiation
Negotiation in law can be a little tricky. You will meet with the opposing side and resolve your dispute.
Negotiations are always voluntary and informal. You are under no obligation to initiate or agree to a negotiation.
If you do agree to one, you can’t start negotiating immediately. You need to do your research and think about what your personal goal is. You must be willing to listen to the other side and adjust your terms to reach a consensus.
Before you negotiate, consider other ways to resolve your conflict. Read more dispute resolution guides by following our coverage.
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