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  The growth of ADR. The need for alternative dispute resolution services has been widely acknowledged and demonstrated by the legal profession’s acceptance of mediation as the preferred method of ending disputes, right behind direct negotiation, which, where feasible, is the best all around way to get the job done.

 Obstacles in Negotiation. Often direct negotiation of an issue runs into such obstacles as lack of trust, widely different perceptions of what is fair, ethical or just, personality clashes, inequality of negotiating acumen, and a failure on one or both sides to appreciate fundamental interests and how best to realize or protect them.

    

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