Understanding Interest Based Negotiation: A Collaborative Approach to Dispute Resolution
Definition & Meaning
Interest based negotiation is a collaborative approach to resolving disputes where parties focus on their common interests rather than their positions or power dynamics. This method encourages open dialogue to identify the underlying issues and seeks to create solutions that are acceptable to all involved. By emphasizing cooperation, interest based negotiation aims to produce outcomes that satisfy both mutual and individual needs, often referred to as win-win solutions.
Legal Use & context
Interest based negotiation is commonly used in various legal contexts, including civil, family, and commercial disputes. It is particularly effective in mediation and arbitration settings, where parties seek to resolve their differences without resorting to litigation. Users can often manage their negotiations using templates and resources available through platforms like US Legal Forms, which provide tools for drafting agreements that reflect the outcomes of interest based negotiations.
Real-world examples
Here are a couple of examples of abatement:
Example 1: Two business partners are in a disagreement over profit distribution. Instead of arguing about their respective shares, they engage in interest based negotiation to understand each other's financial needs and agree on a distribution that supports both their interests.
Example 2: A couple going through a divorce uses interest based negotiation to discuss child custody arrangements, focusing on the best interests of their children rather than their personal grievances. (hypothetical example)