Dispute Resolution

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Recommended: the importance of negotiating

Since the nature of the contract is to provide services, the performance should be constant and continuous. In addition, the duration being only for 12 months, time is essential. Considering the constant requirement of service provision for 12 months, one cannot afford to lose time and resources in a very lengthy Dispute Resolution (DR) exercise. Therefore, negotiation would be the best to serve the interest of parties in such cases.

Negotiation however, cannot be used to achieve perfect understanding between differing parties. Nevertheless, it is an ideal tool to resolve disputes in short term contracts involving provision of services. In essence, negotiation is a fundamental tool for managing all forms of disputes in contracts. Negotiation can also be used as a realistic tool to resolve day to day disputes in short term contracts, particularly if the business partners want to protect their business relationship.

It is impossible to argue with certainty that negotiation would be the best and only solution for DR in this case. However, considering the nature of business, urgency of services, time limitation, low cost and retain control negotiation could be the best option. It should also maintain good relations between parties. Therefore, negotiation would be better option than other forms of DR in this case.

Thus with reference to this model, one has to appreciate how negotiations are formed, conducted and concluded. Negotiations are mainly in the form of a dialogue between the parties with the intention of reaching an understanding where the parties have differing opinions. To this end, since the envisaged contract is between five parties, the reliance on negotiatio...

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...Meadow C., Toward Another View of Legal Negotiation: The Structure of

Problem SolvingUcla L Rev 31, 1983. P. 754. Retrieved from: http://www.oup.com/uk/orc/bin/9780199573479/ch07.pdf

Murray, J. S, Understanding Competing Theories of Negotiation, Negotiation

Journal, Vol. 2(No. 2), 1986. Pp. 179-186. Retrieved from: http://books.google.com/books?id=DL2AsvuzJHUC&pg=PA5&lpg=PA5&dq=Understanding+Competing+Theories+of+Negotiation&source=bl&ots=hOtA6qsmcI&sig=1-FpXoeNKMc_q6En_nyYKyr2BJ8&hl=en&ei=JPjTTY6tLoefOof3qPAK&sa=X&oi=book_result&ct=result&resnum=3&ved=0CDQQ6AEwAg#v=onepage&q=Understanding%20Competing%20Theories%20of%20Negotiation&f=false

R. Fisher, W. Ury, B. Patton, Getting To Yes. Negotiating Agreement Without Giving

In B. Patton, Ed. Penguin Books, 1991. Available at: http://books.google.com/books?id=sjH3emOkC1MC&printsec=frontcover#v=onepage&q&f=false

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