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The Negotiation Process

  • Asher Flynn
  • Arie Freiberg
Chapter
Part of the Palgrave Socio-Legal Studies book series (PSLS)

Abstract

The negotiation process can be long and sometimes difficult. Although it is conducted in the shadow of the trial, away from public view, this study found there is a framework of informal rules and procedures known primarily to those within the legal community that to some extent regulates their involvement. This chapter examines in close detail how the negotiation process operates, including who is involved, when, how and in relation to what matters. This includes a discussion of the key factors considered by parties when engaging in negotiations, the various factors shaping negotiations, the role of police charging practices in negotiations, differences between negotiations in summary and indictable jurisdictions and the effects of limited resources and legal culture on negotiations.

Keywords

Early resolution Plea deals Personalities Discretion Plea bargaining Plea negotiations Police Charging 

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Copyright information

© The Author(s) 2018

Authors and Affiliations

  • Asher Flynn
    • 1
  • Arie Freiberg
    • 1
  1. 1.Monash UniversityClaytonAustralia

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