A LEGAL APPRAISAL OF NEGOTIATION AS AN ALTERNATIVE DISPUTE RESOLUTION PROCESS

Abstract

When disputes occur, it is not impossible for the disputing parties to attempt settling the disputes themselves. Negotiation is an amicable dispute settlement process that affords the disputants, an opportunity to settle their disputes by themselves without the intervention of a neutral third party. This article adopts desk-based method in appraising negotiation as an Alternative Dispute Resolution (ADR) process by examining what negotiation is, the potentials of negotiation as an ADR mechanism, the requirements and strategies for effective and efficient negotiation sessions. It also examined how negotiation can be better enhanced in settlement of contractual/commercial disputes where relationship fostering and continuity is important. The paper makes vital recommendations before conclusion.