NEGOTIATION AS AN EFFECTIVE METHOD OF DISPUTE RESOLUTION
AUTHOR – RACHIT SHARMA, ASSISTANT PROFESSOR AT IILM UNIVERSITY GREATER NOIDA
BEST CITATION – RACHIT SHARMA, NEGOTIATION AS AN EFFECTIVE METHOD OF DISPUTE RESOLUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1373-1380, APIS – 3920 – 0001 & ISSN – 2583-2344.
Introduction
Negotiation and discussion are the greatest weapons we have for promoting peace and development’
Nelson Mandela
Compared to the other primary processes, negotiation is the dominant process. Negotiation is inherent in the nature of humankind. Since time immemorial, humans have negotiated about every conceivable aspect of life and still do so today. Viewed in this context, negotiation is as varied as the persons involved and as complex as the related situations it serves. Conflict is inevitable in a social order. Human beings have the ability to think rationally, hence resulting into having different ideas, beliefs, values, needs, goals etc. It is based on these differences that conflicts springs from. Ultimately, it is impossible for people from different background to work together, make decisions without having conflict. John Burton is of the view that conflict is a generic phenomenon that knows no system boundaries.[1] Whether we are dealing with interpersonal, community, ethnic, or international relations, we are dealing with the same ontological needs of people, requiring the same analytical processes of conflict resolution.
[1] John W. Burton, Conflict resolution as a political theory http://cardata.gmu.edu/docs/teaching/TEACHING%20PLATFORM/course%20501/UNIT%203/Burton%20- %20Conflict%20Resolution%20as%20a%20Political%20Philosophy%20copy.pdf accessed 21st Jan 2025