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英国法律学assignment

“动物不协商。他们使用暴力或暴力威胁，以及各种形式的“统治地位”和“显示”，以获得他们想要的东西，无论是食物，配偶或领地。这是一种“在红色的牙齿和利爪”的本能和意图。“[1]。人类在交流中会谈判，虽然不是所有的人都使用这种方法。谈判一直由不同的人来定义。 “通过谈判，我们可以知道可以从谈判对方那里获得什么，以及他们想从我们这里获得什么。”[2]“由两个或两个以上当事人就提出条件共同决定被称为谈判。达成的共识是谈判背后的基本理念。启用代理组在关于信仰，计划或目标方面自然达成协定，是互动的关键形式“。 [3]“谈判是两个人或群体达到不同的需求或想法合资协议的过程。奥利弗（1996年）描述的谈判是“谈判专家共同寻找一个多维空间，然后同意空间中的一个点。”[4]“据费舍尔和尤里，

“Animals do not negotiate. They use violence or threat of violence, and various forms of ‘dominance’ and ‘display’ to get what they want, be it food, mates or territory. Theirs is a ‘red in tooth and claw’ instinct and intentions.” [1] . Human beings negotiate, though not all of them use this method. Negotiation has been defined by various people. “The process by which by which we search for terms to obtain what we want from somebody who wants something from us is Negotiation.” [2] ‘A joint decision made by two or more parties is referred to as Negotiation. Reaching a consensus is the basic idea behind negotiating. Enabling groups of agents to arrive at a natural agreement regarding a belief, plan or goal, is the key form of interaction’. [3] “Negotiation is the process of two individuals or groups reaching joint agreement about differing needs or ideas. Oliver (1996) described negotiation as 'negotiators jointly searching a multidimensional space and then agreeing to a single point in the space.' [4] ‘According to Fisher and Ury, when you and the other party have interests that are shared and some that are opposed, an agreement is reached through back and forth communication is what negotiation stands for’. [5]

Before a suit is filed in the court, negotiation is done. If successful the suit may be prevented, therefore it is a preventive ADR. By systematic dispute management, an emphasis is made on avoiding conflict in the preventive process. In this way damage of relationship, loss of money can be avoided or saved, as well as builds trust and confidence between the disputing parties. Rightly enough, “the interaction between client and lawyer is a form of negotiation.” [6] In a negotiation, “why does your opponent want is far more important than ‘what does the opponent want’. This helps the negotiator to decide the methods of negotiation, which are Integration, Obliging, Dominating, Avoiding and Compromising. Based on the above methods there are different type of negotiators Competitive, Cooperative, Interest based and Avoider type negotiator. Avoider type negotiators prefer to maintain status quo and try and hide behind various rules, legal procedures and regulations. Their limited social skills are no good. “Some people may prefer compromising, others are fiercely competitive. And others can be outright adversarial when negotiating”. [7] Compared to other negotiation styles, Competitive and Cooperative negotiations styles are more preferred by the negotiators.

I.Competitive Negotiators

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