Negotiation is a less structured form of ADR. The facilitator's role is to keep the parties talking and bargaining. The parties may be individuals or teams. The facilitator keeps record of party positions, and points of agreement they reach as discussions proceed.

The process can be lengthy, as in labour or sports negotiation. The facilitator will prepare a memorandum of agreement containing all of the points agreed.

The parties can formalize the memorandum of agreement by inserting a condition that will be binding.The parties generally share equally in the cost. On any matters unresolved, the parties are free to pursue other options.