THE PROCESS OF NEGOTIATION

SKILL AND STRATEGY

Presentationby

Maj. Gen. Nilendra Kumar,Director,

Amity Law School, Noida

Role of an advocate in negotiation

NEGOTIATION IN DIFFERENT CONTEXTS

1. With clients2. With opposite counsels3. With service providers or court

officials4. With judges

Technique

APPROACHES IN NEGOTIATION

1. Positional negotiation2. Interest based negotiation

Reflect on “norms of reasonableness” and

also what would be considered extreme or

ridiculous.

Study and know facts clearly

PRE NEGOTIATION TASK

1. Interviewing2. Counselling of clients3. Obtain necessary information4. Legal research5. Plan case management

procedures

Bear in mind the importance and implications

of the deal for your client.

Communicate effectively

Let there be no confusion due to use of

language

Use interpreters, if required

Know the case of opponents in detail

Plan what offers and counter offers can be

advanced.

Make a determined effort to break the

impasse .

Simplify the technical jargon

Narrow down the areas of dispute

Follow common sense approach

Unreasonable stand has hardly a chance of

success.

Example Second Round Table Conference

SECOND ROUND TABLE CONFERENCE

Adopt a policy of give and take

Find out why it is vital for the other party

to settle.

Show to the other party the benefits of the

disputes to be resolved.

When the deal is clinched, it is a win-win

situation for both.

CONCLUSION

The process of negotiation can be put to

great use to settle different types of disputes.