Assisted Negotiation

Assisted Negotiation

Assisted negotiation is a process in which a neutral third party, often referred to as a mediator or facilitator, aids the parties involved in a dispute to reach a mutually acceptable agreement. This approach emphasizes collaboration over adversarial tactics, allowing for open communication and the exploration of shared interests.

In assisted negotiation, the mediator does not make decisions for the parties but instead guides the discussion, helping each side to articulate their needs and concerns. The mediator facilitates dialogue, encourages understanding, and assists in brainstorming potential solutions. This method can be particularly effective in resolving conflicts in various contexts, including family law, business disputes, and estate planning matters.

For example, in a situation where family members are disagreeing about the distribution of a deceased relative’s estate, assisted negotiation can provide a platform for each member to express their viewpoints. With the mediator’s assistance, the family can collaboratively discuss their desires and reach a compromise that honors the deceased’s wishes while considering the needs of all parties involved. This can lead to a more amicable resolution compared to traditional litigation, which can be time-consuming, expensive, and emotionally draining.