in most cases the party has to give up something in exchange for getting something from the other party. “The negotiation process can lead to a quick and informal resolution of disputes. It also helps to protect confidentiality and avoid publicity of the parties involved. The parties can improve communication between each other which will improve or preserve the relationship between the parties and therefore bring to a rapid resolution of disputes. The parties have high control of the negotiation process and can address legal issues non-legal, as well as provide remedies not available through judicial processes. In creating agreements, legal or other fair methods can be used by the parties in making their own agreements which the parties directly participated in creating. “If an agreement is reached, it is usually put in writing and becomes a contract that can be enforced in court. Courts have a policy of enforcing negotiated agreements. “The negotiation process can sometimes be disadvantageous as parties may block it as the parties are not obliged to continue negotiations. In negotiation, the lack of neutrality can reduce the possibility of reaching an agreement, particularly in complex disputes or those involving multiple parties. The disclosure and veracity of information depends on the good faith of the parties, there is no binding authority that imposes good faith. “One problem is that negotiation is generally not a public process. As r...... middle of paper.....”The fundamental difference between mediation and conciliation is the degree of involvement of the independent third party. Conciliation allows the neutral third party to provide advice on substantive matters through formal recommendations and settlement proposals. In contrast, mediation requires the third party to address only process-related issues and facilitate the parties in reaching a mutually acceptable negotiated settlement. Mediation is one of the oldest forms of ADR. The mediator works with both parties involved in the dispute to facilitate resolution. The mediator will speak to both parties separately and jointly to help both parties evaluate their options. Although the mediator can propose solutions to both parties, he does not make a final decision on the issue. There is no requirement that the mediator be a lawyer.
tags