Specimen 2

Name of the competition

NEGOTIATION PLAN ON BEHALF OF

MRS. JAYA SINGH (RESPONDING PARTY)

BETWEEN: MR. RAJ GUPTA

AND: MRS. JAYA SINGH

Negotiation Strategy

With the opening of the arguments, Mrs. Jaya Singh will put forth her understanding
of the issue at hand and will lay her respective interests. The counsel namely, Ms.
Komolika will take over the proceedings of the negotiation process to make sure that
her client can state her interests justly and advise her client on all possible options
with the objective of securing a successful resolution of the dispute, which benefits
both the parties. Through this negotiation, this party strives to pursue the goal of
ensuring an amicable dissolution of the marriage between Mr. Raj and Mrs. Jaya
meanwhile assigning the sole custody of their daughter, Vishakha to Mrs. Jaya Singh.

Division of Roles and Responsibilities between Client and Counsel

The role of the client would add emphasis to the negotiation process by underlining
the issues of the case along with the interests that will form the silhouette of
resolution. Gradually, the counsel in compliance with the interests of the client will
propose the possible options to accomplish mutual terms.

The Responding Party's Underlying Interests and Needs:

Mrs. Jaya Singh has an interest in dissolving the marriage primarily because Mr. Raj
has failed to fulfil his familial obligations. Mr. Raj owing to his professional failure,
which resulted in increased financial pressure to provide for his family, developed a
drinking problem and a gambling habit that left him in huge debts. Furthermore, his
alcoholism had deteriorated his behaviour towards Mrs. Jaya and their daughter, Ms.
Vishakha to the extent that he had become aggressive and disrespectful. Mrs. Jaya
being seriously concerned about how Mr. Raj’s behaviour would affect their daughter
decided to leave with her.

Mr. Raj did not even attempt to contact Mrs. Jaya or Ms. Vishakha to resolve their
problems. He only recently in 2021, that is two years after their separation, decided to
reconnect with his family. It cannot be guaranteed that these incidents will not occur
again or that Mr. Raj will not ever relapse into his detrimental habits. Even, Vishakha
is more emotionally attached with Mrs. Jaya as she spent most of her childhood with
Mrs. Jaya. Thus, it is not only in Mrs. Jaya’s interest but also in the interest of her
daughter that the sole custody be awarded to Mrs. Jaya. 

Page | 2
Therefore, Mrs. Jaya seeks to achieve the following goals and objectives through this
negotiation:
1. Dissolving the marriage between herself and Mr Raj;
2. Obtaining sole custody for their daughter, Ms. Vishakha;
3. Being adequately financially supported in the future through the means of
alimony and child support.

The Responding Party’s Strong Points

 Mrs. Jaya has received no monetary help from Mr. Raj in any manner.
 Mrs. Jaya left her job to look after Vishakha and are attached to each other.

The Requesting Party’s Weak Points

 Mrs. Jaya is not the biological mother of Ms. Vishakha, and thus this might affect
her custodial rights.

The Responding Party's BATNA:

The best alternative to this cause would be if Mr. Raj agreed to dissolve the marriage
through mutual consent and in exchange Mrs. Jaya will consider the option of shared
custody only after a period of one year during which Mr. Raj will be given visitation
rights that also under the supervision of Mrs. Jaya in the first six months. This would
ensure that Mr. Raj is given a second chance to renew his relationship with his
daughter and Mrs. Jaya is given a second chance at marriage.

The Other Party's likely Underlying Interests and Needs:

Mr. Raj Gupta wants to be given an opportunity to reconnect with his family as he has
entered into a new phase in his life. He wants to repair the relationship between him
and his family for which he will be willing to acknowledge his past mistakes and
promise to never repeat them.

The Other Party's likely BATNA:

The best possible alternative to this cause would be if Mr. Raj would additionally
offer monetary compensation for the losses suffered by Mrs. Jaya and Ms. Vishakha.

Page | 3
 Name of the competition

NEGOTIATION PLAN ON BEHALF OF

MR. RAJ GUPTA (REQUESTING PARTY)

BETWEEN: MR. RAJ GUPTA

AND: MRS. JAYA SINGH

Page | 4
Negotiation Strategy

With the opening of the arguments, Mr. Raj Gupta will put forth his understanding of
the issue arisen out of the agreement and will lay his respective interests. The counsel
namely, Ms. Komolika will take over the proceedings of the negotiation process
ensuring that her client can state his interests justly and advise her client on all
possible options with the objective of ensuring a successful resolution of the dispute,
which benefits both the parties. Through this negotiation, this party strives to pursue
the goal of an enduring relationship with Mrs. Jaya along with his daughter Vishakha.

Division of Roles and Responsibilities between Client and Counsel

The role of the client would add emphasis to the negotiation process by underlining
the issues of the case along with the interests that will form the silhouette of
resolution. Gradually, the counsel in compliance with the interests of the client will
propose the possible options to accomplish mutual terms.

The Requesting Party's Underlying Interests and Needs:

Mr. Raj Gupta has an interest in preserving the sacred sanctity but isn’t prepared to
dissolute the marriage as he believes that the situation can be satisfactorily amended
and the relationship seems to be reparable between the parties. If the relationship is to
be kept alive, Mr. Raj is ready to continue to bear the financial responsibility and
would avoid falling into the trap of addiction with relation to any intoxicated
substances or gambling, ensuring a healthy life influence on his child, Ms. Vishakha.
Mr. Raj seeks to achieve the following goals and objectives through this negotiation
strategy:

a) Preserving the marital relation between Mrs. Jaya and himself;

b) Amending the bond while taking into account the encumbrance caused by the
financial pressure of huge debts, emotional breakdown and unexpected failure
of events and forming a positive and enduring relationship with his wife Mrs.
Jaya and his daughter, Vishakha.
c) Granting an opportunity to spend time with the family for a stipulated time to
prove his innocence;

Page | 5
 d) He would adequately compensate for the losses suffered during the annual
term by Mrs. Jaya and Vishakha;

The Requesting Party’s Strong Points

 Behavioral improvement and an intention to amend his relationship.
 A push in the financial domain along with massive popularity.

The Requesting Party’s Weak Points

 Detrimental past behaviour with the family.
 Indulged in alcohol and gambling before along with a degrading public image.

The Requesting Party's BATNA:

The best alternative to this cause would be if Mr. Raj could be allowed to fulfill his
responsibilities and be given a reasonable time to prove himself that he has
transformed his nature completely and is ready to accept the past mistakes besides the
difficulties he has caused to his family. He’s been a family-oriented person from the
beginning and still stands by this statement.

The Other Party's likely Underlying Interests and Needs:

However, Mr. Raj was facing tumult due to financial pressure, failure at the box office
and losing popularity during this instance. Mrs. Jaya is primarily of the idea that Mr.
Raj had failed to recognize his responsibilities towards his family. Due to which, she
now feels that it’s better to part ways and dissolute the marriage with the custody of
Vishakha with her.

The Other Party's likely BATNA:

The best alternative which is likely to be proposed by the other party would be
judicial separation, where Mr. Raj could visit his daughter Vishakha from time to time
and the parties would not have to necessarily opt for divorce.

Page | 6