Question

How can parties that have unequal bargaining power negotiate meaningfully, without one party taking advantage of the other?

Answer 1

Answer:

Negotiation is a technique of Alternative Dispute Resolution (ADR) which retains power to decide the disagreement to the parties included.  

Explanation:

Inequality or unequal bargaining power take place when the provisions/terms of a contract are unjust, unreasonable, and unfair. Negotiation between 2 parties with unequal bargaining power can lead to the stronger party being oppressive at the time of negotiation with the other party having weaker bargaining power which results in unfair consequences for the weaker party.

 To ensure such unfairness does not take place to the weaker party, the alternate remedy is approaching the law. The law does not consent the noticeably unfair use by the stronger party of its advantage in the bargaining power, and would intervene by modifying or setting aside the contract to reinstate equity in negotiation between the parties.