NEGOTIATION

Suitability Checklist
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Ask the following questions to determine suitability:
Does your client have a good relationship with the other party, which
they wish to continue once the dispute is resolved?
Resolution is not limited by time restrictions.
Do both parties have the ability to participate effectively?
Is there an equality of power between the parties?
Is there a degree of interdependence?
Are both parties motivated to resolve the dispute?
Are both parties capable and willing to move from a fixed position?
Is the matter in dispute capable of being negotiated?
The matter in dispute does not involve a fundamental question of law.
Are the parties able to move on from perceiving each other as
opponents to working together as collaborators?
Is there little risk of escalation of conflict?
Do the parties have the necessary degree of trust, commitment and
self-disclosure for effective collaborative problem-solving?