What is meant by "negotiation" in a legal context?

In a legal context, negotiation refers to the process of resolving disputes through discussion and agreement between parties. This collaborative approach allows the involved parties to communicate their interests, needs, and positions while seeking a mutually acceptable resolution without resorting to more formal legal proceedings. Effective negotiation can lead to settlements that prevent the need for litigation and can save both time and resources. It is an integral part of the legal process as it emphasizes the importance of dialogue and compromise in resolving conflicts.

While alternative dispute resolution does encompass negotiation, it is a broader category that can include mediation and arbitration as well. Similarly, court-ordered settlement processes pertain to formal settings where a judge may encourage or mandate negotiation, but negotiation itself is not limited to court contexts. The formal prosecution of criminal cases is distinctly different and involves a structured legal procedure focused on charges and adjudication rather than the informal agreement process that defines negotiation.