Both Rachel ORoark and Jerome Smith have acknowledged the major concern or conflict in this case; nevertheless, undiscovered difficulties or disagreements may occur throughout the negotiating procedu.
Both Rachel O'Roark and Jerome Smith have acknowledged the major concern or conflict in this case; nevertheless, undiscovered difficulties or disagreements may occur throughout the negotiating procedure On certain level, the argument began because Mr Smith had driven in rainy weather while inebriated As a result of these factors, he collided with Ms O'Roark's automobile, dislocating her shoulder therefore limiting her capacity to work Mr Smith initiated the negotiating process by calling Ms O'Roark and offering her a fair settlement, despite her refusal to speak with him The two parties both engaged lawyers to counsel them as a result. Ms O'Roark's lawyer, Roland White, as well as Mr Smith's lawyer, Cynthia Chang, will still be in the preparatory phase of discussion despite several back-and-forth telephone conversations The two sides are now debating the preparation guideline Mr White and Ms Chang would most probably speak with one‘s clients regarding "the negotiation process, the fact that not all negotiations end in settlement, the necessity of keeping an open mind and expecting to compromise, and what they will if the negotiations fail to produce a settlement" before meeting in person to discuss the matter” (Frey, 2001). Mr White and Ms Chang would not officially negotiate at this time Presently, there is no clarification or specificity in the procedure, allowing opportunity for confusion Owing to Mr White's shortage of availability and communication, they are bargaining in an unspoken manner But “a time to love, and a time to hate; a time for war, and a time for peace” (Ecclesiastes 3:8 ESV), means a peaceful approach should be prioritized Assuming Ms O'Roark and Mr Smith attend the scheduled conference and take an aggressive part, the lawyers will brief clients on how they must say and not discuss, as well as how they should behave themselves Following that, they will first analyze the rules and regulations in greater depth Second, examine how the laws, regulations, and rules that are applied Next, assess non-legal concerns Additionally, comprehend motivators Finally, consider if the subject can be addressed using negotiations (Korobkin, 1999) Negotiations' outcomes are established by the involved parties thus are founded further on the parties' "objectives and goals than on the law" (Frey, 2001) The resolution satisfying or not fulfilling the desires of either Mr Smith or Ms O'Roark might be one of the possible conclusions of such discussion, depending on the regulations If the negotiations go smoothly, a settlement might be reached quickly, resolving the conflict (Frey, 2001) As the Bible said, “Let there be a treaty between you and me, as between my father and your father” (1 Kings 15:19) It is ideal since settlement would reduce both time and legal fees as well as expenditures If somehow the negotiations are not successfully ended, nevertheless, no settlement would be established, so an alternative conflict resolution mechanism, including such arbitration, could be used That approach might end up costing both sides a lot of dollars As a result, an effective negotiating session benefits both sides References Frey, M A (2002). Alternative methods of dispute resolution Cengage Learning Korobkin, R (1999) A positive theory of legal negotiation. Geo LJ, 88, 1789 Ecclesiastes 3:8 ESV Kings 15:19 ... Finally, consider if the subject can be addressed using negotiations (Korobkin, 1999) Negotiations'' outcomes are established by the involved parties thus are founded further on the parties'' "objectives... fulfilling the desires of either Mr Smith or Ms O''Roark might be one of the possible conclusions of such discussion, depending on the regulations If the negotiations go smoothly, a settlement might... said, “Let there be a treaty between you and me, as between my father and your father” (1 Kings 15: 19) It is ideal since settlement would reduce both time and legal fees as well as expenditures