Negotiation

We Offer Various Options For Negotiating Out-Of-Court Resolutions 

In mediation and the Collaborative Process, we engage in interest-based negotiation.  The intent of interest-based negotiation is to create a mutually acceptable outcome, and in doing so, the focus is on problem solving to meet both party’s interests.  Traditional negotiation is not interest-based and is geared more toward a win/lose outcome.

Since use of mediation and the Collaborative Process is voluntary, if the other party, refuses, you cannot force them to engage, and you are left with traditional negotiation.  Though, resolving out of court using traditional negotiation is still typically better than engaging in litigation. 

If you are thoughtful in your choice of counsel, and better yet, if both parties choose attorneys who are skilled in and recognize the benefits to their client of interest-based negotiation, you may still be able to reap the benefits of interest-based negotiations without engaging in mediation or the Collaborative Process. 

“Kitchen-table” Negotiations

Some parties may seek to negotiate a settlement between themselves without working with an attorney, and they may even go so far as to write their own Agreement.  It is important to review your Agreement with an attorney before signing to make sure that you have included all necessary provisions and that you understand the consequences of the terms of your Agreement.

If you would like to know more about the options of negotiating out-of-court resolutions, please contact Positive Pathways.