Negotiation is a type of adr technichques

1. DISCOVER . LEARN . EMPOWER
Negotiation
INSTITUTE- UILS
DEPARTMENT OF LAWS
BBA LLB AND B.COM LLB
SUBJECT- Clinical - I- Alternative Dispute
Resolution
CODE- LLT-414
Name of the Faculty : PUNEETISH KAUR

2. Clinical – I -
Alternative
Dispute
Resolution
• Space for visual (size 24)
2
CO
Number
Title Level
CO 1 The student will understand the meaning
of negotiation
Rememb
er
CO2 The students will understand the
approaches of negotiations
Understa
nd
Course Outcome
Will be covered in
this lecture

3. • Negotiation is the process of bargaining, Where
two parties ,trying to reach an agreement on
mutually accepted terms to acquire each others
wants.
• Example:-
• Customer trying to negotiate with buyer over a
price of a product.-
• Negotiation for salary between employee &
employer.

4. • The word "negotiation" is from the Latin
expression, "negotiatus", which means "to carry on
business". "Negotium" means literally "not leisure".
Negotiation is a process that has no fixed rules but
follows a predictable pattern.

5. • In the words of Bill Scott ,” a negotiation is a form
of meeting between two parties: OUR PARTIES &
OTHER PARTIES”
• According to J.A. Wall, ”negotiation is a process in
which two or more parties exchange goods or
services and attempt to agree on the exchange rate
for them.”

6. Meaning:
• Negotiation is an interchange between two or more
parties in an attempt to reach a compromise.
• It is a non-binding procedure involving direct
interaction between the parties wherein 1 party
approaches the other with an offer of a negotiated
settlement based on objective assessment of each
other’s position.
• Negotiation refers to a dialogue between two parties to
resolve their differences and arrive at a mutually
agreed settlement involves direct contact between
parties who themselves engage in discussion.

7. • Traditionally , negotiation occurs directly between
parties and their counsels and does not involve a
neutral party.
• But if the negotiation breaks down , a 3rd party can
be introduced.
• The 3rd party will help them resolve and shift their
approach from adversial to problem solving or
interest based approach.
• Proposals from one party to other are made untill a
mutually agreed settlement is found. This is called
shuttle diplomacy.

8. NATURE/CHARACTERSTICS OF
NEGOTIATION
• It requires involvement of two parties
• Agreement
• Conflict of Interest
• Needs effective communication
• Continuous process
• Win- win situation for parties involved.

9. Other Characteristics:-
• Voluntary: No party is forced to participate in a negotiation. The parties are free
to accept or reject the outcome of negotiations and can withdraw at any point
during the process. Parties may participate directly in the negotiations or they
may choose to be represented by someone else, such as a family member,
friend, a lawyer or other professional.
• Bilateral/Multilateral: can range from two individuals seeking to agree on the
sale of a house to negotiations involving diplomats from dozens of States (e.g.,
World Trade Organization (WTO)).
• Non-adjudicative: Negotiation involves only the parties. The outcome of a
negotiation is reached by the parties together without recourse to a third-party
neutral.
• Informal: There are no prescribed rules in negotiation. The parties are free to
adopt whatever rules they choose, if any. Generally they will agree on issues
such as the subject matter, timing and location of negotiations.
• Confidential: The parties have the option of negotiating publicly or privately
• Flexible: The scope of a negotiation depends on the choice of the parties. The
parties can determine not only the topic or the topics that will be the subject of
the negotiations, but also whether they will adopt a positional-based bargaining
approach or an interest-based approach.

10. Steps of Negotiations
• Preparation: understanding the issues and the
people and equipping the team for the process
• Opening: developing a strategy and make
presentations for the matter.
• Bargaining: narrows down the bridge between two
initial position and convinces the other party to
accept the same.
• Closing: outcome is reflected.

11. Types of Negotiation
1. Political : By States and countries
2. Transactional business/ Deal Making negotiations
( By IPR, By lawyers in mergers,licences)
3. Legal negotiations – Dispute between the 2
parties to solve the dispute

12. Pillars of Negotiations
• 5 pillars of negotiations:-
a. Substance- Indentifying the subject matter for
negotiations.
b. Process- How the value of Subject matter is
determined
c. Relationship- Interactions between parties and also
with others is significant
d. Creating value- beneficial outcome is desirable
concept of negotiations.
e. Distributing value- Taking a share of the benefits is
the last effect of negotiations.

13. Role of Lawyers
• Lawyers play a important role in negotiations.
• In some situations, its better that the clients negotiate
alone but in other circumstances client wants lawyers there
for protection and support.
• Sometimes parties negotiate independent of lawyers.
• Some of the role are :-
a. Separate relevant from irrelevant
b. Defuse tensions to some extend
c. Understand the relevant legal principle
d. Beware of the legal consequences arising out of possible
options.
• A lawyer should always negotiate efficiently and not
promote adverisal hard bargaining.

14. • Negotiations: Bilateral mode of decision making
A stronger party will dominate over the weaker
party and create an imbalance between the parties
to a contract. Thus, it is true that bargaining
important part of negotiation but negotiations
includes –communication, perception, contention
and option extra.

15. Dialogue- Important component of negotiations.
It is through dialogue that a negotiator collects and
receives and collects the information and details of
the subject of negotiation.

16. Negotiators skills
• Relevant and skills and expert in subject matter of
dispute. The parties are asked to process feasible
salutation to the issue.
• A negotiator supposes to have the following skills:-
a. Ability to motivate the parties
b. Ability to prepare a game plan
c. Knowledge and details in respect of issues involves
d. Ability to perform under tremendous pressure
e. Empathy
f. Responsive to parties and others

17. • COMMUNICATION and SKILLS used by the
negotiator:
• It is the negotiator who chalks out stragies to tackle
the process of negotiations.
• Plan the course of negotiation and anticipate
obstructions while keeping a future vision.
• Thus, Negotiator should have good communication
skills.

18. Styles of negotiation
There are 2 types of styles of negotiations:-
a. Competitive style :
• Coercive and aggressive
• Intended to create hostility ,tension and distrust.
• In commercials issue
b. Cooperative style:
• Respectful style of negotiations
• Choice of listening, language ,place and mutual
respect for friendly atmosphere.

19. Negotiations Styles
• According to M.Anstey, there are 5 approaches to negotiations:-
a. Competitor- In this process, the competitive interest of the
parties is settled and the party who competes is called a
competitor.
Aggressive person
b. Compromiser- A negotiator who is compromiser will make
realize the importance of compromise. Cooperation between
parties.
c. Collaborator- work to find goals with opposite party to find goals
solutions.
d. Accommodator- who expresses to give up his/her interest in
favor of other party.
e. Avoidance – Who is not willing to take risk. In this approach,
issues are ignored or postponed and not addressed.

20. Approaches to Negotiation:
• Approaches to Negotiation can be classified as
distributive and integrative.
• Distributive is adversial approach in which there is
win/lose situation. In this kind , positions are
placed on the table but the real problems remains
under the table.
• Integrative approach means Interest based
approach. Where win/win situation.

21. Agreements
• Best Alternative to Negotiated Agreement (BATNA)
• It is the best possible outcome both the party come up with
or has in mind. Its suitable situation as each party thinks
about their most favorable scenario looks like.
• Most Likely Alternative to Negotiated Agreement
(MLATNA)
• For a successful negotiation the result always lies in the
middle, mediator after considering both the parties comes
up with most likely outcome. Here result is not always in the
middle but little left or right of the center depending on
negotiation situation.
• Worst Alternative to Negotiated Agreement (WATNA)
• It the worst possible outcome a party has in their mind for
what could happen during negotiation.

22. Negotiations and Statutes
• The Parties to a dispute, can on their own motion, start a process of
negotiations through correspondence with a view to find a mutually
acceptable solution of the problems.
• In India, Negotiation doesn’t have any statutory recognition.
Negotiation is self counseling between the parties to resolve their
dispute. Negotiation is a process that has no fixed rules but follows a
predictable pattern.
• Law has encouraging this process all along.
1. Civil Procedure Code: Courts have to give a parties all the facilities of
bringing about a compromise. A comprimise agreement is submitted
for the approval of the court.
2. Section 23 of Evidence Act encourages compromise. It provides
protection against disclosure of information submitted by parties to
each other. Such Communications become confidential. This
protection or privilige against disclosure is intended to encourage
parties to settle their dispute amicably and to avoid litigation

23. 3. Hindu Marriage Act ,1955: Section 23 of the HMA,1955 – endeavor to
reconciliation between the spouses and parties.
Similar provision in 74- G of Special marriage act,1954.
4. CPC, 1908:
Order XXXII- A, Rule 3 of CPC, 1908 – It is duty of the court to make efforts ‘for
settlement
“1) In every suit or proceeding to which this Order applies, an endeavour shall be
made by the Court in the first instance, where it is possible to do so consistent
with the nature and circumstances of the case, to assist the parties in arriving at
a settlement in respect of the subject matter of the suit.
(2) If, in any such suit or proceeding, at any stage it appears to the Court that
there is a reasonable possibility of a settlement between the parties, the Court
may adjourn the proceeding for such period as it thinks fit to enable attempts to
be made to effect such a settlement.”

24. 5. Family Courts Act, 1984:
Section 9 of the Act promotes negotiations.
“In every suit or proceeding, endeavour shall be
made by the Family Court in the first instance,
where it is possible to do so consistent with the
nature and circumstances of the case, to assist and
persuade the parties in arriving at a settlement in
respect of the subject-matter of the suit or
proceeding and for this purpose a Family Court
may, subject to any rules made by the High Court,
follow such procedure as it may deem fit.”

25. REFERENCES (size:44)
• Anupam Kurlwal, An Introduction to Alternative Dispute Resolution (Central Law
Publications; Second edition edition (2014)
• S.C. Tripathi, Alternative Dispute Resolution System, (Allahabad , Central Law Publications,
2014)
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26. THANK YOU
For queries
Email: puneetish.e8246@cumail.in@ gmail.com