II INTERNAL

LEGAL SKILLS – III

TOPIC :- NEGOTIATION

SUBMITTED BY:-
SIDDHARTH SHUBHAM

DIVISION ;- “A”

PRN-18010126051

BBA.LLB
INTRODUCTION :

Negotiation comes from the Latin word Neg (no) and Otsia (leisure). Referring to businessmen
who, unlike the patricians, had no leisure time in their industriousness, it held the meaning of
business (le négoce in French) until the 17th century when it took on the diplomatic connotation
as a dialogue between two or more people or parties intended to reach a beneficial outcome over
one or more issues where a conflict exists with respect to at least one of these issues. Negotiation
is a method by which people settle differences. It is a process by which compromise or
agreement is reached while avoiding argument and dispute. In any disagreement, individuals
understandably aim to achieve the best possible outcome for their position (or perhaps an
organisation they represent). However, the principles of fairness, seeking mutual benefit and
maintaining a relationship are the keys to a successful outcome.

As a lawyer, we will probably negotiate more than anyone does anything else. We will negotiate
not just over cases, but any time that we/I need something that I cannot get alone. We will
negotiate with our boss, our clients, paralegal, and all of their counterparts (plus the lawyers) on
the other side. We will negotiate with "the system" whether it is the court, the government, the
structure of society, or the law. We will also continue to negotiate with our family, our friends.
Negotiation in law describes any communication process between individuals that is intended to
reach a compromise or agreement to the satisfaction of both parties. Negotiation involves
examining the facts of a situation, exposing both the common and opposing interests of the
parties involved, and bargaining to resolve as many issues as possible. Negotiation takes place
every day in nearly every facet of life from national governments negotiating border disputes, to
companies negotiating work agreements with labor unions, to real estate agents negotiating the
sale of property, to former spouses negotiating the terms of a divorce.

Some examples of negotiation are:

1. Company A and Company B want to merge but must agree on price, financing, and
management changes.

2. A wants a job with Company XYZ but must negotiate his salary and benefits.
 3. Company A wants to purchase supplies from Company B on certain payment terms.

4. A wants B to negotiation on the behalf of D (defendant).

Five steps of negotiation process stated in the lecture are:-

1. Preparation and Planning:- Before we start negotiation, one must be aware of the
conflict between the parties, must be prepared regarding conflicts. the history leading to
the negotiation of the people involved and their perception of the conflict expectations
from the negotiations. We must plan how to put the statements which will be in our
favour and weakens the defendant.

2. Definition of Ground Rules:- Once the planning and strategy are developed, one has to begin
defining the ground rules and procedures with the other party over the negotiation itself that will
do the negotiation. Where will it take place? What time constraints, if any will apply? To
what issues will negotiations be limited? Will, there be a specific procedure to follow in
an impasse is reached? During this phase, the parties will also exchange their initial
proposals or demands.

3. Clarification and Justification:- When initial positions have been exchanged both the
parties will explain amplify, clarify, bolster and justify their original demands. This need
not be confrontational. Rather it is an opportunity for educating and informing each other
on the issues why they are important and how each arrived at their initial demands.
Giving certain justifications to win.This is the point where one party might want to
provide the other party with any documentation that helps support its position.

4. Bargaining and Problem Solving. The most important step of negotiation the essence
of the negotiation process is the actual give and take in trying to hash out an agreement,
 a  proper bargain.It is here where concessions will undoubtedly need to be made by both
parties. In this step we have to work very wisely because both professionaly and ethically
you might be weak in this stage you may win or loose.

5. Closure and Implementation: The final step in the negotiation process is formalization
the agreement that has been worked out and developing and procedures that are
necessary for implementation and monitoring. For major negotiations – this will require
hammering out the specifics in a formal contract. Negotiation Process has five stages. In
all steps of a negotiation process, the involved parties bargain at a systematic way to
decide how to allocate scarce resources and maintain each other’s interest.

LEARNING FROM THE LECTURE:-

It says that “information in power”. How is it a power? Suppose a client comes to you for
some work or help. Your duty is to listen each and every information given by your clients.
After that (1) study the information, given by your clients twice/ thrice (2) understanding the
needs of your clients, what actual compensation clients want (3) understanding the needs of
your counter party / stake holders, that what they want. (4) Client acquisition is the biggest
cost, as it aims to purchase a company’s goods & services (5) study the market & counter
party. Studying about the market helps you in developing market rates, boom period (6)
define negotiable & non negotiable points. This will help you to find solutions, acts & rules
to solve the dispute. Above given points are the most important process to win.

When you negotiate you must use influencing tools/ ways such as:-
 Top- class presentation should be made. Presentation should be in layman
language so that others can understand. Presentation must be small with crisp points
(all important information in one single line).
 We should not forget the courtesies. As a junior lawyer we must learn some moral
values. Not only as a lawyer but an individual we must provide seats to our seniors,
ask water/tea firstly to them. These are some decent values which you must follow.
 Explain/ rationalize your perspective. We must explain our own opinion/
perspective regarding the topic in a polite way. We must try not to be biased or give
strong opinion which might hurt the opposite party or individual.
 We should have empathy. Ability to understand and the share the feelings of
another.

 Bear the venue in mind. Venue for meetings should be in an official place where
there is privacy and is easy for others to reach that place.

  Having factual information is mandatory, however inside information is also very

information (the inside information helps you to negotiate better with people),
    At the very beginning first you need to have a proper idea about in which kind of
transaction you or your client is entering into or has entered into,
     Before any negotiation or transaction you get into you need to have enough
information about the market (demand- supply ratio) in which you are dealing that
gives you an edge while negotiating. mco.gov.in  is a website to gather information
about any entity you’re dealing with.   
   You also need to have enough information about how are you dealing with or with
who your client is dealing with,
     You also need to identify the need of the opposite party and and the need of your
client at the same time and only then you can land on an agreement beneficial for
both the parties.
 You also need to know the local language a little bit.
 Venue is also very important , it should chosen keeping in mind the convenience of
both of the parties.
 Listen carefully; decide the discussion sequence before starting the negotiation; 
simplicity, style, arrogance; Emotion, Anger, Threat; Separate the people from the
problem; know when and how to disclose BATNA;

INTERNATIONAL NEGOTIATION

 Punctual; Own expert; reputation of  the country; Business culture of that country;
time lags/ differences;  decision making process and decision making people; close
the language barrier, pace,
FOR LAWYERS
  Courteous, client’s expectation, no ego, don’t act like a big shot, study file and law
thoroughly,
 Do not request the other party’s lawyer to draft the clauses required in favour of your
client,
 Be professional and do not compromise on your ethics
 Don’t be a deal breaker

BEST ALTERNATIVE TO A NEGOTIATED AGREEMENT (BATNA) i.e no agreement.

Is the most advantageous alternative course of action a party can take if negotiations fail and an
agreement cannot be reached. This could include diverse situations, such as suspension of
negotiations, transition to another negotiating partner, appeal to the court's ruling, the execution
of strikes, and the formation of other forms of alliances.

In the negotiation room professionals must listen carefully about the topic spoken. They must
know how to behave, when to use anger, emotions & threat. It is also suggested that we should
not always be emotional because people might take you for granted. Anger & threat is also
necessary but rarely at some situation, otherwise this might reflect negative opinions about you.
We should be aware when to disclose BATNA otherwise we might be in loss. On the grounds of
international negotiations, firstly we must be punctual in all our commitments as it is said first
impression is your last impression. We must be Aware of reputation of our country, as we are
representing our country our culture, our culture, our intelligence/ skills and vice-versa. Bring
own experts to avoid language barriers who would work as an interpreter.

For the lawyers to negotiate he/she should be courteous to the counter party, clients & the judge.
We must be aware of our client’s expectations, to fulfill that study the file & laws thoroughly.
To be on the race, remain professional & don’t compromise on the basis of ethics, it will pull
you back eventually.

CRITICAL APPRAISAL ON NEGOTIATION:-

Critically appraising negotiation based on lecture was truly valid, useful & trustworthy. He not
only taught negotiation but also gave different examples related to daily life. Described
Negotiation theories may be prescriptive, descriptive, or normative in nature. Additionally
theorists & practitioners from various disciplines have developed and utilized a variety of
approaches or level of analysis to improve their understanding and give their opinions on
negotiation.
Negotiation is likely the most flexible type of dispute resolution as it includes just those group
of individuals with an enthusiasm for the issue and their delegates, assuming if any. The parties
are allowed to shape the negotiation as per their very own necessities. for example, setting the
agenda, selecting the forum (public or private) and identifying the participants.
Negotiation is a voluntary process. No one is required to participate in negotiations should they
not wish to do so. There is no need for recourse to a third-party neutral. Opting for negotiation
instead of litigation may be less expensive for the parties and may reduce delays.

According to me negotiation may have successful outcome, however party may be of unequal
powers was disqualified. On the other hand those who are interested parties they are excluded
due to some inadequate represented in negotiation. Absence of third party may also lead to
disqualification. As the lecturer said that negotiation is a dispute resolving method but what if
the other party is not acting in good faith? It’s not like every process has only one good
motive, there can be good & bad phases or motive.

STRENGHTS & WEAKNESS OF THE LECTURE:-

According to me the strength of the lecture was that the speaker was very thorough with his
presentation. He highlighted the main points which were exactly what I needed to hear. He
maintained remarkable poise in the face of a potentially audience. It triggered new ideas that will
benefit our corporation for years to come. Encouraged us to put some of our ideas into practice.
Talking about flaws and weakness which I felt was , the explanation related to the topic was not
too much for a huge topic such as “negotiation”.

He also put some light on a negotiation strength and weakness. Usually all negotiators over-
estimate their weakness and the other side’s strengths. Strengths of a negotiation & negotiators
are:-
 Quick and cheaper than litigation. Doesn’t require a lawyer or require large amount to
tax payers funding.
 Remedies are unlimited in scope. Your negotiators will help you in getting remedies by
using their skills and knowledge.
 It’s a duty for a negotiator to reveal his/her weakness and work on it.
 Lawyers can address in some cases but not every lawyer is effective. It’s a weakness in
competitive model
 Doesn’t develop law or make statements.

CONCLUSION:-

Therefore I conclude from the lecture that, For many the challenges presented by negotiation
don't come into place easily and, as with any performance with your own motivation to
continuously improve, you have one of the most rewarding (in so many ways) personal
development opportunities available to you.

Negotiating effectively is firstly about you accepting that it is only you who can influence the
situations you are faced with. You can blame the market, personalities, timing, your options, the
power balance or any circumstance that you may think happens to neutralize you , but at the end
it is you who can turn around situations and make what would otherwise be deadlock situations
into workable and profitable deals.

It is time to stay calm, see the strategies for what they are and exercise nerve and patience.
Power real or perceived, however generated, will play its part in your negotiations and, no
matter how good you are as a negotiator, where the balance of power is against you or your
circumstances, you will no doubt experience the frustration of feeling of being compromised.
Trust your instinct, exercise composure.

REFRENCES:-

1. https://www.skillsyouneed.com/ips/negotiation.html

2. https://en.wikipedia.org/wiki/Negotiation

3. Https://www.lexisnexis.org