Team Code: NM 31

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW

NEGOTIATION-MEDIATION COMPETITION (PRELIMS)

NEGOTIATION PLAN OF:

Sher Singh Rana Enterprises Pvt. Ltd. (SSREPL)

IN THE MATTER BETWEEN:

Sher Singh Rana Enterprises Pvt. Ltd. (SSREPL)

v.

Shamsher Singh Rana Enterprises Pvt. Ltd. (ShSREPL)

GOAL

To procure the tender for constructing a new Skyline Highway in Christland as announced by
NDA.

OBJECTIVE

 To reach a beneficial agreement with ShSREPL for the purpose of procuring the said
tender.
 To negotiate and draw an arrangement with ShSREPL to work together on the project
for the construction of the Highway.
 To bridge the gap between two entities and their respective leaders by reconciling
their differences.
 To aim for maximum utilization of joint resources from the two entities.

STRONG POINTS

 Most Qualified Party: SSREPL stands as the most qualified party as it has won the
bid called by NDA. The entity fulfilled the requirements of having an experience of
over 10 years in the Infrastructure business, high quality machinery, proven technical
staff and a team of proven architects. Other available entities fulfilled only one or two
criteria out of the entire list.
 Inherited Goodwill: SSREPL has inherited its goodwill from its parent company i.e.,
Rana Industries which was a leading Conglomerate in the Neverland. Rana Industries
acquired a good reputation for high quality products, excellent support services and
was also awarded with many accolades by the government of Neverland.
 Long Standing Relationship: The two entities shared a long relationship with each
other. After the demise of Daler Singh Rana, the two sons (Sher Singh Rana and
Shamsher Singh Rana) jointly ran the parent company smoothly for a period of five
years with the conglomerate set for a booming growth during that period. This shows
that they are capable of working together.
 Government’s Inclination: The NDA government is very keen to have the two
Rana entities to construct the highway as they were the best among the available
options. Owing to the long-standing relationship and reputation of the two entities,
NDA awarded them with a period of 45 days to come up with the arrangement.

WEAK POINTS

 Less Turnover: One of the five criteria mentioned required a Company to have a
turnover of over 10,000 crore (NR) in the previous two financial years. The NDA
could not award the tender to SSREPL since its turnover was less than the required.
 Ban on next participation: If the entity fails to reach an agreement with ShSREPL
within a span of 45 days, it would be barred from further participating in the fresh bid
of the same project, consequently missing out on such a big opportunity.
 Scheming Tendency: There were rumors surrounding Sher Singh Rana’s scheming
tendencies. Eventually, the entire conglomerate split into two.
 Differences between the leaders: The two brothers were not in talking terms and
avoided each other in public platforms.
NEEDS AND INTERESTS

 Company’s supremacy: To establish its supremacy in the infrastructure development

sector.
 Availing opportunity: To avail the great opportunity of proving itself by acquiring
the said tender since Sher Singh Rana had his sight on the tender ever since it was
announced.
 Time restraint: To reach an agreement with ShSREPL within 45 days.
 Desired turnover: To meet the required turnover of 10,000 crore (NR) in the
previous two years.
 Joint venture: To achieve the Contract jointly with ShSREPL in order to fulfill its
goal.

BEST ALTERNATIVE TO A NEGOTIATION AGREEMENT (BATNA)

In the event of failure of this Negotiation SSREPL can,

 Invest and share profit: Associate itself with any of the other available entities with
required turnover of over 10,000 crore (NR) in the previous two financial years. This
arrangement will help ShSREPL to informally participate in the next bid by keeping
the said other entity at the forefront.
 Form a new entity: Participate in the next bid as a new entity by forming a joint
venture with the other available entities having required criteria.