negotiation - skill and strategy
DESCRIPTION
Negotiation is a process continuously practiced by the law professionals during their career. As a mode of clinical legal education, the law students need to be duly proficient in the art of not only interviewing and counselling of clients, but the entire process of negotiation skill. This presentation is an effort in that direction.TRANSCRIPT
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.