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Negotiation as in Alternative Dispute Resolution

Negotiation is a powerful form of Alternative Dispute Resolution wherein the disputing parties sit together and arrive at a mutually acceptable conclusion.

  • Statistics shows that a vast majority of cases filed in Courts are resolved by negotiation before going to trial. In United States of America, only fewer than 10% of all cases filed actually go to trial.
  • Since negotiation disputes are resolved in private, they are never counted.

Negotiation as in Banking Law

Negotiation is the act of the transfer of a Negotiable Instrument under such circumstances so as to make the transferee, the holder thereof

Essential Features / Ingredients

  • There must be a transfer of an instrument to another person
  • The transfer must be made in such a manner as to constitute the transferee the holder of the instrument.

Related Topics

Related Acts

  • Section 14 of Negotiable Instruments Act, 1881: Defines Negotiation
  • Section 47 of Negotiable Instruments Act, 1881: Negotiation by delivery
  • Section 48 of Negotiable Instruments Act, 1881: Negotiation by indorsement
  • Philippine Negotiable Instruments Act of 1911