Negotiation is a fundamental and widely used process of conflict resolution in which two or more parties engage directly in dialogue with the objective of reaching a mutually acceptable and beneficial agreement. It involves the systematic exchange of positions, proposals, and counter proposals, with the aim of identifying common ground, reconciling differences, and resolving disputes without the intervention of a third-party adjudicator.Unlike formal dispute resolution mechanisms such as litigation or arbitration, negotiation is informal, voluntary, and flexible in nature. The process is controlled entirely by the parties, who retain full autonomy over both the procedure and the outcome. Negotiation relies heavily on effective communication, strategic bargaining, and a willingness to cooperate, making it a cost-efficient and time-sensitive method of resolving conflicts.
Negotiation may occur with or without legal representation and can be conducted at any stage—before a dispute escalates, during formal proceedings, or as a parallel effort to achieve settlement. It is applicable across a wide range of contexts, including commercial transactions, contractual disagreements, employment matters, family and personal disputes, and complex legal conflicts.By promoting direct engagement and collaborative problem-solving, negotiation enables parties to craft tailored solutions that address their specific interests and priorities. When conducted in good faith, negotiation preserves relationships, minimises adversarial tension, and often leads to sustainable outcomes that are more readily accepted and implemented by all parties.In essence, negotiation serves as a versatile and essential tool in dispute resolution—empowering parties to resolve conflicts efficiently, maintain control over outcomes, and achieve practical solutions through constructive dialogue.
