To: The Maritime Development Corporation (MDC) From: Longbelly Overseas General Investment Company Ltd (LOGIC) Date: May 16, 2014 Re: Dispute Settlement Mechanisms Implemented In relation to dispute settlement it becomes apparent that there is a need for the utilization of dispute settlement mechanisms. The advantages of these mechanisms seem to outweigh the disadvantages in the sense that these mechanisms are considerably cheaper than having to go through the process of litigation. Also there is the added bonus of the speed with which these settlements can be handled with. This is clearly a necessary factor for companies which require disputes to be handled speedily in relation to time constraints and budgetary considerations. The process of control offered to parties by these procedures is a significant factor to consider in relation to business owners and companies who are more accustomed to running their businesses than having their disputes being handled by the strict court process and discretion of a judge. The reasoning for the various stages that has been included in the Dispute Settlement Clause follows. 1. Negotiation Negotiation is a relatively informal process involving the discussion of some or all of the issues in a case with a view to resolving them on agreed terms. The process may be quite simple, or may involve substantial use of strategy and tactics. Negotiation
Negotiation is a fundamental form of dispute resolution involving two or more parties (Michelle, M.2003). Negotiations can also take place in order to avoid any future disputes. It can be either an interpersonal or inter-group process. Negotiations can occur at international or corporate level and also at a personal level. Negotiations often involve give and take acknowledging that there is interdependence between the disputants to some extent to achieve the goal. This means that negotiations only arise when the goals cannot be achieved independently (Lewicki and Saunders et al., 1997). Interdependence means the both parties can influence the outcome for the other party and vice versa. The negotiations can be win-lose or win-win in nature.
Negotiation is a fundamental process used in resolving conflicts, making business deals, and in managing working relationships with others. Negotiations occur for two reasons: (1) to resolve a problem or dispute between parties, or (2) to create something new that neither party could do on its own.
Negotiation can be defined as a communications process used to put deals together and to
As litigation continues to be a time-wasting, costly, distracted, and unsatisfactory practice for dispute resolution, alternative dispute resolution increases in popularity, specifically, mediation and arbitration. Arbitration is a cost efficient substitute to litigation that is the yielding of a dispute to an impartial party in order to receive a final incumbent decision in the form of an award. Arbitration is sensitive, classified, and modeled to be a swift, and inexpensive solution to dispute. Participating parties may include additional terms in the agreement identifying arrangements to their agreements’ arbitration clauses to meet the requirements of their discrete dispute. In summation, arbitration is process that is private, speedy, cost efficient, and customized to the liking of the parties involved.
5. Arrange procedures in a low-to-high-cost sequence. Dispute-resolution systems typically have a series of steps. If one has a grievance or a conflict with another person or an organization, first you try to solve it on your own, and then you seek the help of a lawyer, etc. Ury, Brett, and Goldberg advise that by arranging dispute-resolution procedures in a low-to-high-cost sequence one can reduce the probability of rapid escalation, as had been happening at Caney Creek, when workers organized "wildcat" strikes over small conflicts. Minimizing this tendency toward rapid escalation had the added benefit of reducing enmity and increasing faith in the ability of the system to resolve basic disputes.
Negotiation is a form of communication.Effective negotiation is an important characteristic, and it consist of effectively communicating with people (Gomez-Mejia, Balkin, & Cardy, 2012).
The first step is to define what negotiation is. Negotiation is “a process in which two or more parties exchange goods or services and attempt to agree on an exchange rate for them.” (pg. 411).
Negotiation is a basic generic human activity. The world is a giant negotiating table such that a person can negotiate many different things in many different situations. Negotiations can occur over labor relations, buying purchases, salaries, strikes, international affairs such as war and freeing hostages as well as family issues such as divorce, child custody and even who gets the car keys.
This report also addresses the dispute resolution process and different steps to solve a the dispute between two parties. Those steps are known as Negotiation, Mediation, Conciliation and Arbitration. Most of these steps require a third party who helps in offering advice or examining the dispute within the workplace or making an agreement for two parties to agree on. There are some disadvantages in the process of these steps and they can end up in a failure to resolve the dispute and if that happens, then the two parties move onto the next step.
“negotiation process” because it details the terms of the negotiation by outlining the wants and
Negotiation is a dialogue between two or more people or parties intended to reach a beneficial outcome over one or more issues where a conflict exists with respect to at least one of these issues. This beneficial outcome can be for all of the parties involved, or just for one or some of them.
Negotiation means sometimes bending to meet your partner half way, coming to a happy medium, or agreeing to disagree. Not every conflict will have a resolution primarily because both partners come from different backgrounds, cultures and families. Through positive communication a couple should be able to agree to disagree when not able to negotiate. Sometimes couples encounter differences in decisions in which compromise is not possible. Rosenblatt and Rieks define compromise as, “a settlement in which each side gives up some demands or makes concessions.”
The clearest advantage or benefit of dispute resolution processes is the structure provided to solve the underlying conflict of a dispute. This is due to the emphasis on party empowerment, mediated discussion and a supportive network of professionals willing to ensure every avenue of the conflict is resolved. Furthermore, most dispute resolution processes seek to improve communication, enhance the relationship between the parties and assist in fostering co-operation and collaboration between both parties; provided, that they are both willing to participate. Another benefit which follows on from this, is the increased satisfaction that comes from participating in crafting an agreement which both parties had a hand in from the beginning.
In requisites, negotiation is a discussion involving two or more parties (disputants) who are in the process of finding a solution to their problems. Negotiation process takes place when the parties are trying to solve a problem arising out of intentions to do new things. It happens when the parties acknowledge the conflict of interest between them and that they can influence the outcome by demanding for a better deal, as opposed to accepting the
Negotiation is the process of two individuals or groups reaching joint agreement about differing needs or ideas. Oliver (1996) described negotiation as "negotiators jointly searching a multidimensional space and then agreeing to a single point in the space." Negotiation is a form of conflict resolution. When we negotiate, the first thing that needs to be established is whether we have two or more parties that have a common objective, but also differ in ideas when it comes to how they achieve the objective. The principle behind negotiating is to finding the middle ground that is suitable for both parties involved. Not all negotiation ends in satisfactory compromise, sometimes negotiations can take a long time to conclude