More and more, alternative dispute resolution (ADR) techniques are becoming the common choice when it comes to construction disputes. ADR techniques are a cost effective substitute to the expensive process of litigation, saving parties both time and money. As Jacksonville construction attorneys, we understand the importance of knowing the different ADR techniques, and in this article, we will be discussing negotiation as a technique.
What Are Negotiations?
When it comes to resolving construction disputes, negotiations are one of the most direct approaches. However, negotiation strategies are often swept under the rug as an option because of a lack of effort. Negotiation is a voluntary, informal process in which the disputing parties must communicate directly with each other to try and reach a mutual agreement. Negotiations should be seen as a first step when it comes to resolving a construction dispute. If the negotiating strategy fails, other types of ADR should be considered next.
How Are Negotiations Conducted?
Negotiations can be conducted with or without the help of a third party, such as a negotiator. However, it’s always recommended that parties seek the assistance of a Jacksonville construction attorney when dealing with negotiations.
Finding the Right Negotiator
A successful negotiator will be able to juggle multiple focuses. The main goal of an effective negotiator is to satisfy both parties’ interests, without pointing fingers at who is right and who is wrong. A major component of a negotiator that parties should look for is their ability to problem solve.
The Process of Negotiation
During negotiation, all of the parties involved are in charge of their outcome, as no final result is actually charged and the parties are free to leave the process at any time. Negotiation is a less confrontational ADR technique, and can be a great tool for those situations when the parties wish to preserve any business relationships and encourage future business interaction.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.