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Encyclopedia of Law & Society: American and Global Perspectives

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Encyclopedia of Law & Society: American and Global Perspectives

David S. Clark

Pub. date: 2007 | Online Pub. Date: September 25, 2007 | DOI: 10.4135/9781412952637 | Print ISBN: 9780761923879 | Online ISBN: 9781412952637| Publisher:Sage Publications, Inc.

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Negotiation

Michal Alberstein

Negotiation is the process of joint decision making in social interactions dealing with conflict resolution, or handling collaborative future interaction. It is a communication among individuals and groups trying to forge mutually beneficial agreements. Scholars consider that, in the context of mediation, arbitration, and litigation, negotiation is the most common form of dispute resolution. Negotiation allows the involved parties to resolve their differences without third-party intervention, to manage the decision-making process, and to control the outcome. Parties engage in negotiation to improve their initial conditions and to resolve problems when no relevant, fixed procedural system exists, or when the parties prefer to work outside the system to reach better solutions to settle what each will give and take, or will perform and receive. Both participants must recognize that their relationship consists of mutual interdependence, and entails management of tangibles such as price or the terms of agreement and intangibles such ...

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