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.
- 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