Negotiation

What is a Negotiation?

Negotiation involves arranging or settling matters through discussion and mutual agreement. Negotiations are common in personal injury cases, where discussions occur between the plaintiff (usually the accident attorney or injured person) and the insurance adjuster. The aim is to reach a final settlement amount that both parties agree upon.

According to the Harvard Law School Program on Negotiation (PON), negotiation is defined as “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.” As such, it is fundamental in legal proceedings as through effective communication, ideally both patiew can achieve an outcome to satisfy the interest of all parties involved. 

A perfect example of negotiation could be that following a car accident, the two parties negotiate in order to ensure that the person harmed receives compensation without undergoing a trial process. While neither party may get completely what they want, negotiations help to speed up resolutions of claims, and provide certainty in awards for restitution, something that could be lower if the matter was brought to trial. Understanding negotiation principles and strategies is essential for individuals, professionals, and organizations,particularly in the legal field. to navigate conflicts, achieve agreements, and pursue shared objectives effectively.