However, when it is introduced into China, whether the legal negotiation must involve lawyers, and whether our "legal negotiation" should be the same as that of the British and American countries, which requires lawyers to participate in legal negotiation. The author thinks that any negotiation based on law should be legal negotiation, not limited to lawyers' participation. Because our country is a written law country, ordinary people can find relevant legal regulations just like lawyers if they want to, and there is no need to look for legal basis in countless cases like common law countries.
Therefore, in the indigenization of "legal negotiation" in China, the author believes that the negotiation based on facts and with law as the criterion should belong to legal negotiation.
Legal negotiation is an act of out-of-court settlement with the ultimate aim of reaching a settlement agreement and negotiating an agreement. As negotiations to resolve the dispute by party law is not beyond the law free agreement between the parties, but on the premise of according to law, confirm the relevant legal fact, by the parties concerned or the agent, the use of legal knowledge and experience of litigation for a variety of possible consequences to conduct a comprehensive evaluation, and with the help of a personal action skills and negotiation skills and implementation of the game, eventually find interests balance, to achieve an optimal solutions to problems. With the development of non-litigation dispute settlement system, out-of-court settlement also rises and develops. Through legal negotiation, both parties measure their interests and find the best interest balance point in the negotiation process, so as to achieve the maximum win-win result in the sense of both parties. At present, ADR is being taken seriously by our country. Legal negotiations as an out-of-court settlement will also be taken seriously.
The so-called private relief means that when the parties consider that their rights and interests have been infringed, they do not go through the legal organs and procedures without the neutral intervention of a third party in the dispute settlement process, but rely on their own and private power to achieve the dispute settlement, including coercion and negotiation. Legal negotiation is an act of private relief, which is the relief method chosen by the parties themselves. As a private remedy, it is the best way to settle disputes through legal negotiation. Private relief is precisely because it is cheaper, more convenient, faster and more effective for the parties to protect their rights, so they choose private relief instead of public relief. The remedies through legal negotiation can more reasonably assess the possible results if litigation is used to resolve disputes. In this way, on the basis of equality, both parties of the dispute trust each other, understand each other, measure the interests of both sides, and reach the most reasonable legal solution to the dispute.
Legal negotiation is based on facts and takes law as the criterion. The negotiation of law b
