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Negotiation

Legal Definition and Related Resources of Negotiation

Meaning of Negotiation

The deliberation which takes place between the parties touching a proposed agreement. That which transpires in the negotiation makes no part of the agreement, unless introduced into it. It is a general rule that no evidence can be given to add, diminish, contradict, or alter a written instrument. 1 Ball. (Pa.) 426; 4 Dall. (Pa.) 340; 3 Serg. & R. (Pa.) 609. In Mercantile Law. The act by which a bill of exchange or promissory note is put into circulation by being passed by one of the original parties to another person. Until an accommodation bill or note has been negotiated, there is no contract which can be enforced on the note; the contract, either express or implied, that the party accommodated will indemnify the other, is, tjill then, conditional. 2 Man. & G. 911.

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Notice

This definition of Negotiation is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Synonyms of Negotiation

noun

  • arbitrament
  • arbitration
  • bargaining
  • compromise
  • conference
  • conloquium
  • consultation
  • contract talks
  • deliberation
  • dickering
  • diplomacy
  • discussion
  • exchange of views
  • haggling
  • mediation
  • parley
  • summitry
  • treatymaking
  • Associated Concepts: collective bargaining
  • preliminary negotiation

Grammar

This term is a noun.

Etimology of Negotiation

(You may find negotiation at the world legal encyclopedia and the etimology of more terms).

early 15c., from Old French negociacion “business, trade,” and directly from Latin negotiationem (nominative negotiatio) “business, traffic,” noun of action from past participle stem of negotiari “carry on business, do business, act as a banker,” from negotium “a business, employment, occupation, affair (public or private),” also “difficulty, pains, trouble, labor,” literally “lack of leisure,” from neg- “not” (from PIE root *ne- “not”) + otium “ease, leisure.” The sense expansion from “doing business” to also include “bargaining” about anything took place in Latin.

Resources

Legal English Vocabulary: Negotiation in Spanish

Online translation of the English legal term negotiation into Spanish: negociación (English to Spanish translation) . More about legal dictionary from english to spanish online.

Related to the Legal Thesaurus

Resources

See Also

  • Law Dictionaries.
  • Diplomacy; Game Theory; International Conflict Resolution; Labor Relations; Collective Bargaining. Deterrence; Disarmament; International relations; Nuclear war; Peace; Simulation.

    Collective Bargaining ; Labor Unions

    Civil Society; Conflict; Diplomacy; Foreign Policy; Game Theory; Government; International Monetary Fund; International Relations; Legal Systems; Nation; Nongovernmental Organizations (NGOs); North Atlantic Treaty Organization; Partition; Peace; Peace Process; Secession; Settlement, Negotiated; United Nations; World Trade Organization

  • Further Reading

    Cox, Archibald 1958 The Duty to Bargain in Good Faith. Harvard Law Review 71:1401-1433.

    Dennett, Raymond; and Johnson, Joseph E. (editors)1951 Negotiating With the Russians. Boston: World Peace Foundation.

    Douglas, Ann 1962 Industrial Peacemaking. New York:Columbia Univ. Press.

    Frank, Jerome D. 1941 Recent Studies of the Level of Aspiration. Psychological Bulletin 38:218-226.

    IklÉ Fred Charles1964 How Nations Negotiate. New York: Harper.

    Mosely, Philip E. 1960 The Kremlin and World Politics: Studies in Soviet Policy and Action. New York: Vintage. _ See especially pages 3-41, “Some Soviet Techniques of Negotiation.”.

    Pen, J. 1952 A General Theory of Bargaining. American Economic Review 42:24-42.

    Rapoport, Anatol; and Orwant, Carol 1962 Experimental Games: A Review. Behavioral Science 7:1-37.

    Schelling, Thomas C. 1960 The Strategy of Conflict. Cambridge, Mass.: Harvard Univ. Press.

    Shubik, Martin(editor) 1964 Game Theory and Related Approaches to Social Behavior: Selections. New York: Wiley.

    Siegel, Sidney; and Fouraker, Lawrence E. 1960 Bargaining and Group Decision Making: Experiments in Bilateral Monopoly. New York: McGraw-Hill.

    Spanier, John W.; and Nogee, Joseph L. 1962 The Politics of Disarmament: A Study in Soviet-American Gamesmanship. New York: Praeger.

    Stevens, Carl M. 1963 Strategy and Collective Bargaining Negotiation. New York: McGraw-Hill.

    Walton, Richard E.; and Mckersie, Robert B. (editors)1965 A Behavioral Theory of Labor Negotiations: An Analysis of a Social Interaction System. New York: McGraw-Hill.

    Westerfield, H. Bradford1955 Foreign Policy and Party Politics: Pearl Harbor to Korea. New Haven: Yale Univ. Press.

    Wildner, Heinrich 1959 Die Technik der Diplomatie; L’art de negocier. Vienna: Springer.

    More Further Reading

    Di Frances, John. “Use the Pro’s Negotiation Strategies.” Selling. December 2005.

    Fisher, Roger, and William Ury. Getting to Yes: Negotiating Agreement without Giving In. Second Edition. Penguin, 2000.

    Latz, Marty. “Are They Irrational or Are They Faking It? Negotiating a Business Deal with an Irrational Party.” Orlando Business Journal. 5 January 2001.

    Lauback, Christopher. Mastering the Negotiation Process. Health Administration Press, 2002.

    Nierenberg, Gerard I. Fundamentals o
    f Negotiating. Hawthorn Books, 1977.

    Whitaker, Leslie, and Elizabeth Austin. The Good Girl’s Guide to Negotiating: How to Get What You Want at the Bargaining Table. Little Brown, 2000.

    Hillstrom, Northern Lights

    updated by Magee, ECDI

    Acuff, Frank L. (1997). How to Negotiate Anything with Anyone Anywhere Around the World. New York: AMACOM.

    Fisher, Roger, and Ury, William, with Bruce Patton, ed. (1997). Getting to Yes: Negotiating Agreement Without Giving In (2nd ed.). London: Arrow Business Books.

    Oliver, Jim R. (1996). A Machine Learning Approach to Auto-mated Negotiation and Prospects for Electronic Commerce. Retrieved October 28, 2005, from https://citeseer.ist.psu.edu/cache/papers/cs/984/ https:zSzzSzopim.wharton.upenn.eduzSz~oliver27zSzpaperszSzjmis.pdf/oliver97machine.pdf.

    Donna L. McAlister-Kizzier

    Negotiation in Law Enforcement

    Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of negotiation.

    Resources

    See Also

    • Law Enforcement Officer
    • Police
    • Law Enforcement Agency

    Further Reading

    A bargaining process over issues between agents of states, often resulting in a compromise, as when treaties are written broadly to cover the positions of several states.

    Negotiation describes any communication process between individuals that is intended to reach a compromise or agreement to the satisfaction of both parties.

    A bargaining process over issues between agents of states, often resulting in a compromise, as when treaties are written broadly to cover the positions of several states.

    Negotiation describes any communication process between individuals that is intended to reach a compromise or agreement to the satisfaction of both parties.

    Negotiation

    Negotiation

    Resources

    See Also

    • Communication
    • Information

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