The negotiation process

Initial Client Process From your desk computer, by video-conference, clients and stakeholders can interact and discuss issues during an initial consultation. Please feel free to have your lawyer, accountant or business consultant attend the meeting. The goal of this meeting is to:

strategy 1

Identify and analyse the parameters and issues within the negotiation. To discuss any evident strengths and weakness and to list contentious points to be negotiated.

  • Clients upload relevant documents.
  • Briefing session where a wide range of possible strategies is explored.
  • Strategy for moving forward is bullet pointed and approved for action.
  • Other stakeholders are advised that a conversation is requested and meetings are actioned.
  • Following a series of conversations it is expected that a mutually agreed outcome can be drafted for final approval and signature.

Three phases of a positive resolution  The negotiator will lead the parties through three key phases of the negotiation process in a free-ranging discussion unencumbered by the restrictions imposed in litigation and arbitration processes.

  • Communication between the parties. The disputants will be asked to discuss their dispute, exchange their views and describe the main obstacles as they see them.
  • Understanding the other parties’ points of view.  The negotiator will assist the parties to accept that each has a different perception of the dispute and ask them to discuss the respective strengths and weaknesses of the positions of all parties.
  • The emergence of a negotiated consensus. By enabling a dispassionate discussion the negotiator will guide the parties away from embittered conflict and to a point where each can make a dispassionate, objective appraisal of the total dispute situation. From that point the parties then move towards a negotiated resolution of their dispute.

In contrast to the mechanisms of traditional arbitration and litigation, the negotiator facilitates free-ranging discussion between the parties directed towards enabling them to achieve a positive solution of their dispute. This is a negotiated outcome.