Facilitated Negotiation involves a mediator who assists two or more parties in finding a mutually agreeable solution to a problem. The mediator does not take sides or make decisions for the parties, but instead helps them communicate and collaborate to reach a resolution that works for everyone. This approach is also used by countries to resolve disputes, and it differs from arbitration, where a decision is made for the parties involved.
Facilitated negotiation, also referred to as mediation or conciliation, is a method used to resolve disputes between two parties with the assistance of a neutral third party. This third party aims to facilitate a mutually agreeable solution by helping the parties communicate and find common ground. For instance, if two employees are experiencing a disagreement at work, their manager may bring in a mediator to assist them in reaching a resolution. The mediator will attentively listen to both sides and propose potential solutions that both parties can accept. Similarly, in the context of international disputes, a neutral country may offer its assistance in peacefully resolving the conflict, which is known as international mediation. It is important to note that facilitated negotiation differs from arbitration, where a third party imposes a binding decision on the dispute’s outcome. In facilitated negotiation, the parties themselves actively participate in reaching an agreement.
Facilitated negotiation is a process in which a neutral third party helps parties in a dispute to communicate and negotiate a resolution.
Facilitated negotiation is often used in civil disputes, such as family law matters, business disputes, and personal injury cases.
Facilitated negotiation is similar to mediation, but the facilitator may take a more active role in guiding the negotiation process and may offer suggestions for resolution.
The outcome of facilitated negotiation can be legally binding if the parties agree to a settlement and formalize it in a written agreement.
Facilitated negotiation can be less adversarial and time-consuming than litigation, and it allows the parties to have more control over the outcome.
Facilitated negotiation is not typically used in criminal cases, as those cases are usually resolved through plea bargains or trials.
The length of facilitated negotiation can vary depending on the complexity of the dispute and the willingness of the parties to negotiate.
If facilitated negotiation is unsuccessful, the parties may choose to pursue other forms of dispute resolution, such as mediation or litigation.
Facilitated negotiation can be used in international disputes, but it may require the involvement of facilitators with expertise in international law and diplomacy.
You can find a facilitator for your dispute by contacting local mediation and arbitration organisations, or by seeking recommendations from legal professionals.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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