Consilia omnia verbis prius experiri, quam armis sapientem decet
intelligent man would prefer negotiation before using arms.
What Is Negotiation?
Negotiation is the process which helps people settle their differences and
disputes. It is the method by which amicable agreement is reached avoiding
The term 'Negotiation' can be defined as a direct or indirect form of
communication through which the parties with conflicting interest deliberate a
form of Joint Action aiming to resolve the dispute between them. Negotiation can
be used either to resolve any existing problem or for a future relationship
between two or more parties by setting a ground work.
The presence of negotiation can be found at all aspects of everyday life whether
at individual level, Institutional level, National level or global level.
Negotiation therefore has been characterized as the preeminent mode of dispute
resolution. In compliance to the presence of negotiation in daily life it is not
astounding to find that negotiation can be applied to other dispute resolution
processes for example mediation and litigation settlement conferences.
Scope Of Negotiation:
The history of negotiation can be traced back to the times of Monarch era where
Kings used to negotiate at the time of ongoing Wars in order to prevent the
bloodshed in war. After the two great World Wars in the 20th century the
negotiation rounds resulted into the creation of League of Nations followed by
The scope of negotiation has increased over the time. The major objective behind
negotiation is that the parties involved wishes to settle the dispute outside
the court. The litigation process has its own disadvantages such as: bulky
paperwork, excessive time, delays in process, costly- expensive and
Because of such reasons alternative dispute resolution gained fame and with
increase in fame of negotiation the demand for experienced negotiators also
increased. Negotiation is considered to be alternative dispute resolution as an
informal process which helps the parties to resolve that differences through
mutual understanding and agreement.
Some situations in which negotiation is applicable:
Marital Deadlock: Where a dispute involves a relationship of marriage the pre litigation
process includes negotiation. In such disputeís sentiments and ego between
husband and wife in a conjugal relationship are often settled by
communication during negotiation process.
Business Negotiation: Business negotiation aims to manage business and corporate matters. The
skill which are required in such negotiation includes making deals
discussion on profits of the company team building negotiation of contracts
negotiations with employees and laborer's efficiently handling cases of
disputes between clients and employees.
In order to establish a business agreement, the art of negotiation is
essential full stop business negotiation can be considered as a skill where
in the big problems are drop down to small chunks and to every touch problem
a solution is carefully found out.
Contract-Based Negotiations: Before entering into a contractual relationship, the parties negotiate the
terms condition of dispute. This type of negotiation is the most famous type
of negotiation and is in somewhat line with that of business negotiation.
After a breach of contract, the deadlock can also be settled with the help
International Negotiations: The conflict between different nations can easily turn into scandals that
needs to be resolved immediately. The international negotiations generally
take a longer time than other negotiation processes as this process is
complicated and involve various steps s bureaucrats are involved in the
process. The major objective of International Organization is primarily to
allow a smooth interconnectivity and interrelations between Nations in such
a way that it is beneficial for both for all countries in the economy.
Characteristics Of Negotiation Process:
Voluntary: Process of negotiation is conducted through free consent of parties. No
party is forced to participate in the process. The outcome of negotiation
can be freely accepted or rejected at the will of parties. Also, at any
point of process it can be withdrawn. The parties can directly negotiate or
they may choose anyone to be represented.
Bilateral/ Multilateral: The process of negotiation can involve two or more parties. The parties can
range from two individuals seeking to agree on sale of house to negotiation
involving diplomate from dozens of States.
Non-Adjudicative: Negotiation is an informal process which only involve the parties. The
outcome is amicable reached by the parties together without any records to a
third party through mutual understanding.
Informal: Unlike arbitration negotiation is an informal process which has no
prescribed rules and regulations. The parties get a free will to adopt
whatever rules they choose if any. Generally, the parties agree on the
issues such as the subject matter timing and location for the process. Other
rules may include metals such as confidentiality number of negotiating
sessions and which documents may be used can be addressed.
Flexible: The scope of negotiation is dependent upon the choice of parties where
determine not only the topic which will be the subject matter of negotiation
but also if they will adopt a positional based bargaining approach or
Stages Of Negotiation (Process)
Each negotiation has its own unique characteristics. Therefore, there is no such
uniform and exclusive method of negotiation and bargaining session.
A structured approach has to be followed in order to come at a desired outcome.
Therefore, various steps have to be followed in the negotiation process so that
the parties with conflicting ideas and differences reach to an amicable
The process includes following stages:
- Clarification of goals
- Negotiate towards a Win-Win outcome
- Implementation of course of action
Preparation/ Initial Assessment
The process of negotiation begins with the signal of communication from one
party to the other showing a willingness to bargain. As negotiation is a
voluntary process it is of primary importance to know that whether the other
party is interested in negotiation or not.
Some of the important factors should be ensured before moving on. They are:
- if there is desire to resolve the dispute
- the credibility of other parties
- the willingness of parties to preserve or establish the relationship
- whether there is disparity between the parties that it would be
impossible to bargain equal or not
- desirability of using any other form of dispute resolution system.
This stage involves ensuring the important facts of the dispute and its
situation in order to clarify the position of both the parties. Before any
negotiation takes place, a decision shall be taken as to when and where the
meeting for negotiation shall happen and as to who will attend the discussion
and negotiation sessions. During this time setting of a limited timescale can
help prevent this agreement continuing.
Once it has been established that negotiation is the appropriate course of
action the further arrangement shall be made in that course with the other party
included. The arrangement must include:
- outlining the scope of negotiation
- forming a time table as to whether or not that will be a fixed duration
- ensuring that all the interested parties are identified and have been
- choosing a location Which is feasible to both the parties.
During this stage the parties of other side put forth their case as they see
it and try to understand the vice-versa situation. Clarification as to
misunderstandings and disagreements shall be spoken and heard. An equal
opportunity shall be granted to both the side.
Clarification Of Goals
From the second stage of discussion whatever goes interest and viewpoints of the
parties of this agreement needs to be clarified. To clarification it becomes
easy and possible to identify and establish a common ground post settlement.
Clarification is one of the crucial parts of negotiation process is without a
doubt the misunderstanding and disagreements are likely to continue which main
result to cause problems and barrier in reaching a beneficial outcome.
This can lead to harmonizing and Reconcile the bearing and competing interest of
Negotiating Towards A Win-Win Situation
It is not always possible to reach to a Win-Win situation but it shall be the
ultimate goal. this stage focuses on which can be termed as Win-Win outcome
wherein both the parties may have the satisfaction that they have gained
something positive through the process and both the parties may feel that their
point has been considered.
A proper agreement can be achieved only when both the parties understand each
otherís point of view and interest are considered simultaneously. Every member
involved in the negotiation process it is essential to keep an open mind so that
an acceptable solution can be reached full stop such agreement needs to be
clearly communicated so that no for the dispute can occur.
Implementation Of Action
Once agreement is reached a proper course of action has to be implemented so
that the decision can be carried out.
Advantages Of Negotiation
Party-based Dispute Resolution: One of the primary reasons for success of negotiation is that it only
involves the stakeholders and does not involve any other party as a result
of which the process remains a private affair and confidential. The parties
decide the subject matter duration of process locations papers to be
Freedom of Parties: The parties are at freedom to choose agendas of the choice in addition to
ensure your objective that negotiation is achieved.
Consent of Parties: The negotiation process ensures that both the parties involved in
negotiation have free will in participating and that no one is forced to
engage in the process. this freedom also ensure that all the parties are at
equal footing and there is no play of powers.
No Third-Party Intervention: Unlike most of the radius system which requires a neutral third party for
dispute resolution such is not the case with negotiation.
Comfortable Process: Negotiation is an informal process. It is normally a speedy process whose
decisions are not binding upon the parties. Latest a completely self-build
process wherein the decision can either be accepted or rejected by the
parties at their own win all the process can be withdrawn at any point of
Improvement in Relations: Once the negotiation process is successfully completed that is a scope of
improvement in the relation between the parties. And it also facilitates the
process of negotiation for any further education.
Disadvantages Of Negotiation
Power Tactic: It is not always necessary that the parties to negotiations are of equal
stature and power. Therefore, in the absence of a neutral third party the
party whichever is in the position to dominate the other uses the dominance
over the consent of other party and come at an agreement. This leads to an
unfair agreement which is ultimately useless.
Sometimes the difference is and disagreement between the parties may lead to
a deadlock situation. And Impasse situation occurs during the negotiation
process where at any discussion the parties are stand still and cannot have
any for the discussion. This stage is very frustrating when no possible
successful outcomes can happen. This generally happens when any one party is
so rigid over its goal that no middle ground can be achieved. This
ultimately results into a walkout situation.
Backing Off: The unsuccessful negotiation leads to creation of bad relations between the
parties along with termination of any business are contractual relations
afterwards. It also happens that sometimes the parties lose confidence in
the process of negotiation as a dispute resolution and consider the other
Not all issues are Negotiable: There are various cases which involve multiple stakeholders for home
negotiation process cannot be made applicable and such cases can directly go
to the court for the decisions.
Award Winning Article Is Written By: Ms.Simran Shaikh
Authentication No: MA106913962219-10-0321