is it the most common form non adjudicative options?
yes
is there a set procedure?
no
how does it happen?
simple exchange between parties and/or lawyers
how does it happen for more complex matters?
settlement meeting
advantages of negotiation?
flexible, can be conducted by parties and/or lawyers, cost effective, control
why is it cost effective?
minimal preparation
disadvantages of negotiation?
success depends on good research and analysis, depends on skill of negotiator,
weak outcome if strengths aren’t explained, informality=confusion,
parties are unrealistic/too entrenched=fail