#NEGOTIATION IN #ALTERNATIVEDISPUTERESOLUTION The most effective way to resolve #disputes is through negotiation. Although #arbitration and #mediation are the two most well-known ADR processes, #settling a disagreement through negotiation is nearly usually the initial step in the process. Through negotiation, the parties can get together to resolve their differences. The process of negotiating is voluntary. If someone does not want to engage in discussions, they are under no obligation to do so. #Negotiation will give the parties the chance to create an agreement that best represents their interests, assuming that they are bargaining in good faith. Once an agreement has been achieved between the parties, negotiations may maintain and in some cases even improve that relationship. Selecting to negotiate rather than litigate may result in lower costs and less delays for all involved.
Abhijeet Gupta & Associates, Law Firm’s Post
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I believe this is one of the innovations of the Arbitration and Mediation Act of 2023. Definitely a welcome development in the Arbitration and Mediation space.
In case you missed it, our online interactions are having weightier implications as our activities shift monumentally online. Section 2(4)(a) of the Arbitration and Mediation Act 2023 provides that in satisfying the writing requirements, electronic communication can be seen to constitute a validly written arbitration agreement if the information contained in the electronic communication can be accessible for subsequent reference. With these recent development, we can all agree to consider the implications of our communications before we hit the send button! What do you make of this development under the now not-so-new Act? . . . . #fridaytrivia #prestigeattorneys #adr #mediation #negotiation #conciliation #arbitration #hauwausman #adrlawyers #adrinsights #abujalawyers #naijalawyers #lawyersoflinkedin #lawyersofinstagram
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In case you missed it, our online interactions are having weightier implications as our activities shift monumentally online. Section 2(4)(a) of the Arbitration and Mediation Act 2023 provides that in satisfying the writing requirements, electronic communication can be seen to constitute a validly written arbitration agreement if the information contained in the electronic communication can be accessible for subsequent reference. With these recent development, we can all agree to consider the implications of our communications before we hit the send button! What do you make of this development under the now not-so-new Act? . . . . #fridaytrivia #prestigeattorneys #adr #mediation #negotiation #conciliation #arbitration #hauwausman #adrlawyers #adrinsights #abujalawyers #naijalawyers #lawyersoflinkedin #lawyersofinstagram
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Alternative Dispute Resolution, or ADR refers to methods used to resolve disputes without trial. Non-Binding Routes: These methods facilitate negotiation and agreement. - Mediation: Effective when voluntary; mandatory mediation can be problematic. - Tiered Escalation Procedures: Effective for ongoing projects but may limit rights if relationships sour. Binding Routes: Alternative methods to impose solutions. - Arbitration: Offers confidentiality and specialist knowledge but can be expensive and uncertain. - Expert Determination: Appropriate for technical questions, not wide-ranging disputes. Check out more in the slideshow below. For more full guides on dispute resolution topics, click here: https://bit.ly/3rHPbJt #ADR #AlternativeDisputeResolution
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An escalation clause in arbitration is a provision in a contract that outlines a step-by-step process for resolving disputes. This process typically involves multiple levels of negotiation or mediation before proceeding to arbitration. The purpose of an escalation clause is to encourage parties to resolve their disputes amicably and efficiently at the earliest possible stage, often saving time and costs associated with formal arbitration. These clauses are also called Tiered Resolution clause . Overall, an escalation clause is a strategic tool in contracts aimed at managing disputes efficiently and effectively by encouraging early resolution through structured steps before resorting to arbitration. #WeVaad #Arbitration #Escalation #Tiered #Timesaving #Costcutting
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In the complex dance of Contracts, "Arbitration" is the spotlight, ensuring disputes did not turn into extended battles. It’s the private fixings for swift, fair, and cost efficient resolutions. With arbitration, you’re not just choosing a path to justice; you’re choosing the expressive lane.#contractlaw #contractmanagement Swatilekha Chakraborty, Rashmi Natekar, Deepak Arora, Ramanuj Mukherjee, Avisha Barange,
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Negotiation is an Alternative Dispute Resolution process that utilizes various skills and strategies to preserve the existing relationship between conflicting parties. When initiating a negotiation, a negotiator can choose to use either an integrative/problem-solving approach or a distributive/competitive approach.
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April is here,the year seems to be moving so fast and the truth is you might not be able to keep up with the pace, but keep striving to achieve those dreams, and plans you outlined for 2024, and while you are at it remember to maintain peace and adopt peaceful means of resolving conflicts that may arise in your business, within the workplace, among friends, family and business associates. keep peace alive by adopting Alternative Dispute Resolution(ADR) mechanisms, like Mediation, Negotiation, conciliation and Arbitration to de-escalate and resolve conflicts speedily. #adr #arbitration #conciliation #mediation #negotiation #conflictresolution #disputeresolutionexpert
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When you're particularly confident in your case, it can be tempting to go to arbitration and let a judge decide – why negotiate when someone can just rule in your favor, right? Operative phrase: in your favor. It's incredibly difficult to get an arbitration award overturned once it's been ruled upon. You'd be wise to take negotiation as far as you can before turning to arbitration. Don't play a zero-sum game if you don't have to – you might end up wishing you'd negotiated after all. #negotiation #negotiationtips #negotiationskills #negotiationstrategy #business #businesstips #businessstrategy #businessdeals #dealmaking #arbitration #disputeresolution
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April is here,the year seems to be moving so fast and the truth is you might not be able to keep up with the pace, but keep striving to achieve those dreams, and plans you outlined for 2024, and while you are at it remember to maintain peace and adopt peaceful means of resolving conflicts that may arise in your business, within the workplace, among friends, family and business associates. keep peace alive by adopting Alternative Dispute Resolution(ADR) mechanisms, like Mediation, Negotiation, conciliation and Arbitration to de-escalate and resolve conflicts speedily. #adr #arbitration #conciliation #mediation #negotiation #conflictresolution #disputeresolutionexpert
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There's something about being supported during a stressful time, having help to negotiate a new life or out of an old one. Negotiation is the art of reaching agreements or settlements through discussion and compromise between parties involved in a conflict or disagreement. #mediation #negotiation #wvdrc
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