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STTS: Win-Win Negotiation by David Goldwich

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When things get ugly

There will be times when you and your counterpart fail to reach an agreement where failure is not an option (for example, a management-labour negotiation), or you disagree about a provision of an agreement you made earlier. In times like these, one party may break off the negotiations with the words, “I’ll see you in court!”

Aside from extreme measures such as war, strikes and lockouts, there are three methods for resolving breakdowns in negotiations: litigation, mediation and arbitration.

Litigation

Glamourised in movies and on TV, litigation is the most familiar means of resolving a dispute. The idea is simple: the parties go to court to see who has the better lawyer!

The wheels of justice turn slowly, and it is very expensive ...

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