LAWS107 Chapter Notes - Chapter 11: Quintessentially Group, Determinative
Document Summary
A process in which two or more individuals or groups, each with some capacity to influence the other, interact together with the goal of making joint decisions on issues, conflicts or problems affecting them. Seeking a mutually acceptable outcome though some form of communication, without independent assistance: negotiation directly between the parties unassisted negotiation, negotiation in which lawyers, expert negotiators or specialist are involved. Supported negotiation: two forms of supported negotiation: Collaborative practice: includes professionals other than lawyers in the process (psychologists, accountants, social workers), lawyers are on limited retainer and may not participate in litigation if the dr fails. Mediators take a supportive role; does not determine the outcome. Nardac definition: a process in which the parties (usually a group), with the assistance of a dispute resolution practitioner (the facilitator), identify problems to be solved, tasks to be accomplished or disputed issues to be resolved.
