Facilitated negotiation; an effective ADR technique

Article Abstract:

Facilitated negotiation uses a neutral, objective person in negotiation sessions to help the parties reach an agreement more quickly. This neutral has the goal of advancing discussions by ensuring that the parties understand each others' positions and extracting settlement strategies. During negotiation, the primary aim of a facilitator is communication rather than settlement. Thus, the facilitator encourages parties to reach a settlement on their own without the facilitator's influence and makes no judgments or suggestions on how to settle the dispute under negotiation.

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Facilitating construction negotiations

Article Abstract:

The construction industry has many problems including complex contracts which are hard to understand, litigiousness, and lack of trust between parties and facilitated negotiation has sometimes succeeded where conventional negotiation without third-party intervention has not. The facilitator's ability to elicit trust and design a process viewed by both parties as fair is critical. Introducing a third party can prove both cost- and time-effective.

Construction industry, Negotiation, mediation and arbitration

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Partnering; a commitment to common goals

Article Abstract:

Interdependent organizations identify common goals in the emerging alternative management process of partnering. They also manage conflict in joint projects in large-scale construction and facilities services. The process focuses on dispute prevention rather than dispute resolution. The process is informal and focuses on consensus decisions, commitment to partnering and open communications.

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