NEGOTIATION GUIDELINES

Effective 4th November 2022

Introduction

Negotiation is a voluntary and party-driven process aimed at achieving a mutually acceptable resolution of disputes. It plays a central role in the broader spectrum of dispute resolution mechanisms offered by Jupitice ODR Centre, prioritizing autonomy, privacy, and flexibility. The guidelines set forth herein are applicable to all parties who elect negotiation under the Jupitice ODR platform and serve to reinforce the Jupitice commitment to procedural integrity, user-centricity, and technological empowerment in the resolution of disputes.

These Negotiation Guidelines are issued by the Jupitice Online Dispute Resolution (ODR) Centre to define the principles, procedures, and ethical expectations that guide parties engaging in negotiation as a method of Alternative Dispute Resolution (ADR). These Guidelines are intended to ensure that Negotiations facilitated through the Jupitice ODR platform are conducted fairly, with confidentiality and with a solution oriented mindset.

The purpose of these Guidelines is to:

  • Establish the core principles and procedural rules applicable to negotiation proceedings conducted via the Jupitice ODR Centre;
  • Clarify the roles and responsibilities of the parties, facilitators (if any), and the Centre;
  • Promote fair, respectful, and sincere engagement among disputing parties;
  • Facilitate cost-effective and timely dispute resolution through secure digital tools;

These Guidelines are to be read in conjunction with other applicable policies, protocols, and the Terms of Service of Jupitice ODR Centre. They are intended to provide parties and facilitators with ethical and practical direction throughout the negotiating process, rather than to be extensive or directive/dictative.

Purpose and Scope

These Guidelines govern the negotiation procedures administered by the Jupitice ODR Centre. The aim of the guidelines is to enable the parties in dispute to reach a mutually acceptable solution in a swift, quiet and cost-effective manner.

What is Negotiation?

Negotiation is a voluntary process wherein the disputing parties attempt to reach a mutually acceptable settlement, with or without the involvement of a neutral third-party facilitator. When conducted digitally via the Jupitice ODR platform, negotiation affords significant advantages in terms of efficiency, privacy, and cost-savings.

Applicability

These Guidelines shall apply to all users of the Jupitice ODR Centre who elect negotiation as the method of resolving their disputes. Subject to jurisdictional limitations, negotiation may be employed for resolving civil, commercial, contractual, and consumer-related matters.

Overview

  • Initiation: Any of the parties initiates negotiation by submitting a formal request via the Jupitice ODR platform
  • Consent: The opposing party/parties must consent to participate for the negotiation to proceed.
  • Information Sharing: Each party may provide relevant documents and supporting materials to substantiate their claims or defences.
  • Negotiation Period: A defined timeline is then established for online discussions through chat, document sharing, or video conferencing.
  • Agreement or Termination: Upon reaching an agreement, the terms shall be documented and executed electronically. In the absence of a settlement, the matter may proceed to mediation, arbitration, or litigation, as appropriate.

Roles and Responsibilities

1. Parties:

  • Should conduct themselves honestly, must act in good faith, refrain from intimidation, harassment, or any unjustified delays.
  • Parties must at all times behave respectfully throughout the negotiation process.
  • Both parties must make adequate efforts to settle the dispute.
  • Both parties must avoid making deceptive statements or using underhanded tactics.

2. ODR Centre:

  • Facilitates secure and impartial communication between parties;
  • Ensures a confidential, user-friendly, and interference-free digital environment;
  • Provides procedural guidance, when requested;
  • Safeguards all data and communication exchanged during the negotiation process.

3. Negotiator:

  • Shall remain impartial and attentive;
  • Shall identify core issues and assist in formulating creative, mutually acceptable solutions;
  • Shall foster constructive dialogue and maintain a positive tone throughout the negotiation.

General Guidelines

Rule 1: Good Faith Participation

Parties shall engage in the negotiation process in good faith. All communications must demonstrate a sense of mutual respect along-with a genuine desire to reach a workable solution. Parties shall refrain from deceptive tactics, harassment, or any questionable conduct.

Rule 2: Confidentiality

All communications and information shared during negotiation shall remain confidential and may not be disclosed to third parties unless required by law or with mutual consent.

Rule 3: Voluntariness and Autonomy

Negotiation is a voluntary process. Each party has complete liberty over its decisions and can accept or reject any proposal without any external compulsion or pressure.

Rule 4: Respectful Communication

Hostile, offensive, or aggressive language or behavior on either of the party's part or the neutral will not be tolerated and may result in termination of the process.

Rule 5: Timely and Efficient Conduct

Parties shall conduct negotiations within the timeframe prescribed by the ODR Centre, unless extended by mutual consent. It is eminent to note that unnecessary delays shall be avoided at all costs so as to not kill the entire essence of the negotiation process. Parties shall make reasonable efforts to respond promptly to communication and proposals.

Rule 6: Information Sharing and Transparency

Each party must share the facts, paperwork, or evidence required for a purposeful and informed negotiation. Misrepresentation or deliberate withholding of material information shall not be deemed lightly and may be grounds for termination of the process.

Rule 7: Use of Digital Platform

Parties are required to agree to use the Jupitice digital platform responsibly and in line with the ODR Centre's protocols for secure communication, document exchange, and digital signatures.

Escalation and Additional ADR Choices

  • In the event that negotiation fails to yield a resolution:
  • The matter may be referred to mediation, arbitration, or any other appropriate ADR mechanism;
  • The Jupitice ODR Centre shall provide guidance on the next steps available to the parties.

Contact Us

If you have any questions about these Negotiation Guidelines or need assistance, please contact us at http://local.jupitice.com/contact-us or contact@jupitice.com