Negotiation and the importance of the collaborative attorney

• Soft or principled negotiation: Driven by the goal of cooperation, the negotiator seeks to achieve a “win-win” agreement rather than obtaining a victory over the “opponent”. It will therefore involve making proposals while conceding concessions. This is the role of the “collaborative attorney” who emphasizes the interests that the parties have in common in the search for a fair and acceptable solution for both parties.

What are the areas of negotiation intervention in Algerian law?

     Considered by some jurists as the most important method of conflict resolution, negotiation can intervene in practically all aspects of daily life, both on an individual and institutional level. The negotiation process can, for example, occur between an employer and an employee in cases of wrongful dismissal to reach compensation, thus avoiding going to court, between a consumer and a professional, etc. The tax administration itself can negotiate with the taxpayer a schedule for the payment of their taxes.

What are the advantages of negotiation?

     Since negotiation is a voluntary, informal, and extrajudicial process, it can provide you with the following benefits:

• Speed: Depending on the goodwill of the negotiators, the process may only last a few days to a few weeks at most.
• Economy: Negotiation has the great advantage of not being costly.
• Confidentiality: In the sense that negotiation is not public and formal like legal action;
• Flexibility: Only the parties decide on the scope, progress, and outcome of the negotiations.
• Balance: Negotiation allows parties to reach an agreement satisfactory to both that takes into account their respective interests.

What is the role of the lawyer in the negotiation process?

     Perceived from the perspective of the “collaborative attorney”, legal counsel moves away from the classical posture of the defender who, placed in a power struggle, argues to convince and formulates demands based on the law. It places itself more in a position of dialogue in which it listens to the interests and seeks equity for the parties in order to enable them to achieve, together, a permanent and sustainable agreement. It is in this spirit that your lawyer will assist you in the negotiation process and ensure the drafting of the settlement agreement while ensuring that it protects your interests.

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