Negotiation as an alternative method of dispute settlement and a prerequisite for engaging other dispute settlement mechanisms.

Abstract

Negotiation is argued in this paper to be a prerequisite for engaging other dispute settlement mechanism. This is due to its ingrained role as a base for all other alternative methods of dispute settlement. To best explain this, emphasis is put on demonstrating how negotiators subjectively understand the negotiation. Firstly through mental models in negotiation; secondly through conciliation as a common ground reached upon  from negotiating for reconciliation; thirdly through good office; the selection of a communication medium as a means of negotiation or location as an impact to the way dispute is settled; fourth through mediation a cross-cultural issues in perception and how behavior affect the negotiation aspects; and lastly during arbitration how negotiation facilitates negotiators to organize and simplify their understandings of the negotiation results when legal procedures are employed through the courts system in resolving disputes.