Navigating Emotions and Cognition: The Psychology of Effective Mediation and Negotiation (ADR)

  • Shreshtha Singh,
  • Ansh Aditya and Himanshu Kumar
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  • Shreshtha Singh

    Student at Symbiosis Law School, Hyderabad, India

  • Ansh Aditya

    Student at Symbiosis Law School, Hyderabad, India

  • Himanshu Kumar

    Student at Symbiosis Law School, Hyderabad, India

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Negotiation and dispute resolution are essential processes in human interactions that impact personal relationships, organisational dynamics, and social harmony. Psychology provides essential insights into the psychological, social, and cognitive mechanisms that influence negotiation and dispute resolution results. The study shows that using different negotiating strategies may lead to effective dispute resolution. It is proposed that global conflicts should use negotiation to resolve disagreements, regardless of whether it is a negotiated conflict or conflict resolution. Emotions are crucial in the process of resolving disputes, yet they are frequently not comprehended or dealt with effectively by the involved parties. Professionals assisting in dispute resolution also often struggle to control and manage these emotions. A good negotiator or mediator must consider the economic, political, and physical components of the process, as well as the psychological and emotional dynamics of themselves and other parties involved. This paper aims to: delineate the primary approaches used in mediation and negotiation processes; define emotions and their significance in resolving legal disputes through negotiation and mediation; and investigate methods for managing and enhancing the psychological conditions in negotiation and mediation procedures.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 408 - 423


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