Which type of negotiation is based on mutual interests between parties?

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!

Interest-based negotiations focus on the mutual interests of the parties involved, rather than on fixed positions or demands. In this approach, participants aim to understand each other's needs and interests, allowing for collaboration in finding solutions that satisfy both sides. This method encourages open communication and fosters a cooperative environment, which can lead to more sustainable and satisfactory outcomes.

By prioritizing interests, rather than the specific positions that each party initially holds, interest-based negotiations pave the way for creative problem-solving, potentially leading to win-win situations where both parties feel their essential needs have been addressed. This is particularly beneficial in situations where relationships are important or ongoing collaboration is needed.

In contrast, positional bargaining often leads to competition between parties as each focuses on maintaining their stance, which can hinder effective communication and resolution. Arbitration involves a third party making a binding decision, which removes the opportunity for collaborative interests to influence the outcome. Mediation, while involving a third party to facilitate negotiation, does not inherently focus on mutual interests unless it adopts an interest-based approach.

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