What is NOT a key element of negotiation?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The key to understanding negotiation is recognizing the elements that shape the process and outcomes. In this context, a mediator is not an inherent component of negotiation itself; rather, a mediator is a third party who may assist in facilitating communication and resolution between the negotiating parties.

In negotiation, the issues refer to the specific topics or points being discussed; the positions are the stance or demands each party takes; and the interests are the underlying motivations and needs that drive those positions. All these elements are fundamental to the negotiation process as they help define what is being negotiated, what each party wants, and why those wants exist.

In contrast, the mediator is not essential to every negotiation. Not all negotiations require a mediator, as many can be conducted directly between the parties involved. Therefore, while a mediator can provide valuable assistance, they are not considered a key element intrinsic to the negotiation process itself. This distinction clarifies why the mediator is the correct choice as the element that is not fundamental to negotiation.

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