Lawyer's professional considerations in negotiation as an alternative dispute resolution method

Document Type : Original Article

Authors

1 Assistant Professor and Director of legal department

2 PhD student of private law of the University of Mazandaran, Iran, Babolsar.

3 Ph.D. Student in Private Law, University of Mazandaran

10.52547/jlr.2023.229879.2397

Abstract

Alternative dispute resolution methods are a well-known nature in all legal systems today. Among these methods, the negotiation method is of great importance because of its advantages, In terms of prioritizing the use of methods, many recommendations have been made to prioritize negotiation over other methods. Understand negotiation and its characteristics and features, In choosing the method as well as carrying out the process, it helps the parties to the dispute, and especially the lawyer as an expert, to achieve a more favorable result. In many countries, professional advocacy has solved some of the problems arising from new legal concepts such as alternative practices. In this article, in addition to stating the position of negotiation in alternative methods, we will explain all the dimensions of the negotiation method for lawyers and in addition to its legal analysis. If a negotiation clause is included in a contract, this clause is an acting condition, and this commitment, in addition to numerous attributes, including the suspension of disputes between the parties Contains both positive and negative commitments. positive commitment means the commitment of the parties to negotiate in good faith, and negative obligation means not having the right to refer to judicial authorities in the first place. In the law of other countries, the binding of this condition can be seen for example, in the responsibility of paying court fees or paying damages. But in Iranian law, an executive guarantee in this way is not possible without legislation.

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Legal Research Quarterly
Volume 25, attorney standards
March 2023
Pages 181-207

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History

  • Receive Date: 18 June 2022
  • Revise Date: 28 July 2022
  • Accept Date: 27 August 2022

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