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Mediation – negotiation takes place between the parties and/or legal representatives before a mediator to endeavour to reach a resolution on varying issues. (Again refer to the article on mediation on the website or in our booklet the A to Z of the Family Law).
NEGOTIATION CAN TAKE MANY FORMS AND CAN BE USED IN VARYING PROCESSES.
NEGOTIATION CAN TAKE PLACE IN THE FOLLOWING SITUATIONS:
The persuasive and competent negotiators exhibit the following features:[1]
[1]Persuasion In Negotiation And Mediation, John Wade Professor, Faculty of Law Bond University, September paper 2007.
NEGOTIATION LAWYERS BRISBANE
The parties involved in negotiation have at the basis of their negotiations a preferred settlement option. Each party works towards obtaining a resolution having that preferred settlement option as their desired outcome.
Negotiations by way of correspondence can be lengthy and costly. The parties each have a preferred settlement option and it is difficult to reach a resolution by negotiations taking place by this process.
It is preferable for the parties, if they do have legal representation, to arrange, if possible, a ‘without prejudice‘ negotiation to take place at the office of a solicitor of one of the parties. By that means the reasoning behind each party’s desired outcome can be fully investigated and discussed. Any information provided in these ‘without prejudice’ negotiations cannot be used in any other venue or Court. The negotiations must be based and clearly understood to be on a ‘without prejudice’ basis. Aylward Game Solicitors Incorporating James Noble Family Law are expert in this area.
It is a preferred option if negotiations take place by correspondence, to arrange a ‘without prejudice’ conference very early in the piece before the parties become entrenched. ‘Without prejudice’ negotiations with the assistance of lawyers is the preferred method of negotiation if negotiation is the process that the parties desire. ‘Without prejudice’ negotiations at a solicitor’s office is rarely used but is a method to try and resolve issues if the parties have limited financial means. It is preferable for such negotiations to take place in the framework of collaborative practice meetings.