FACAULTY OF LAW

COMPUTER NUMBER : CL1935

COURSE CODE : L420
COURSE NAME : ADR
TASK : Assignment one
LECTURER : Mr Anamela
DUE DATE : 22 September 2018
INTRODUCTION

Negotiation is a dialogue which Is aimed at settling disputed so that a conclusion is reached

which is agreeable between parties involved. A negotiation is also a bargain which result to an
individual advantage. Negotiation happens in organization, public offices, legislative processes
also in marriages during divorce. Therefore, in everyday life, we will always face challenges
which will lead us to the path of negotiating with other party. Negotiation happens in,
organizations, public offices, legislative processes, internationally and also in marriages during
divorce. Therefore, in everyday life, we will always face challenges which will lead us to the
path of negotiating with the other party. This process is informal, and the parties attempt to arrive
at a mutually acceptable agreement. Negotiation has been a fundamental skill that all lawyers are
required to practice, as a virtually every aspect of a lawyer s work involves negotiation in one
form or the other and it cannot be disputed that through negotiation, a very high percentage of
disputes in any society are resolved without a law suit being filed, and even amongst those that
do get that far a sizeable percentage are still settled through negotiation.1

IMPORTANCE OF NEGGOTIATION

Negotiation is a discussion among people which take in to account everybody’s needs and
interests so that no one is at loss. It is very important in business and communication to avoid
conflict and find an alternative that suits all. Good negotiation is very important as they
contribute much to business success and build better relations and the aim of any negotiation is
to reach to an agreement that result in mutual benefits. Negotiation is a give and take process
which means giving concession to the other party which means little to you but means a lot to
them. Good negotiation means leaving each party satisfied and willing to do business with each
other in future. In today’s competitive market, good negotiation is highly valued. for those who
don’t possess skills for negotiation in business communication, these skills can be developed
through practice and various strategies.

ADVANTAGES OF NEGOTIATION
1
Murray, rau and Sherman process of dispute resolution 1966
In procedural terms, negotiation is probably the most flexible form of dispute resolution as it
involves only those parties with an interest in the matter and their representatives, if any. the
parties are free to shape the negotiation in accordance with their own needs, for example setting
the agenda, selecting the forum(public or private) and identifying the participants .by ensuring
that all those who have an interest in the dispute have been consulted regarding their willingness
to participate and that adequate safeguards exist to prevent inequities in the bargaining process
(I.e. an imbalance in power between the parties) the chances of reaching an agreement
satisfactory to all are enhanced .

Like any method of dispute resolution, negotiation cannot guarantee that the a party will be
successful .however ,many commentators feels that negotiation have a greeter possibility of
successful outcome when the parties adopt an interest based approach as opposed to a positional
based approach, By focusing on their mutual needs and interest and the use use of mechanism s
such as objective standards, there is a greater chance of reaching an agreement that meets the
needs of the parties .this is sometimes referred as a win-win approach 2 Negotiation is a
voluntary process. No one is required to participate in negotiations should they not wish to do so.

Unlike the outcome of certain adjudicative processes, (e.g. the courts, the outcome of a
negotiation only binds those parties who were involved in the negotiation. the agreement to
commit a crime would be illegal and thus void for public policy reasons. Assuming that the
parties are negotiating in good faith, negotiation will provide the parties with the opportunity to
design an agreement which reflects their interests

BRIEF FACTS OF THE MATTER

Wakanda ltd has 4 shareholders in a company. after one year in operation the company made a
huge profit however due to different personalities of each shareholder they all find it difficult to
work together and each want to buy out other and take over the company. there for if not handled
ell it may lead to dissolve of a company.

2
Unilus ADR law notes
In this matter the company is at stake and proper negotiation is needed to settle the matter.
however first we need to undertake the eight 8 stages of negotiation to give the guide of how it
should go about

STAGES IN NEGOTIATION

There are basically eight (8) stages in negotiation:

(a) Prepare: Know what you want. Understand them

(b) Open: Put your case. Hear theirs;

(c) Argue: Support your case. Expose theirs;

(d) Explore: Seek understanding and possibility;

(e) Signal: Indicate your readiness to work together;

(f) Package: Assemble potential trades;

(g) Close: Reach final agreement;

(i) Sustain: Make sure what is agreed happens.3

NEGOTIATION STRATEGIES

In the matter in casu it is very important to note principled negotiation is the negotiation strategy
that will be used to help in saving wakanda ltd

PRINCIPLED NEGOTIATION

1 Separate the people from the problem. Strong emotions can become wrapped up with the
substantive issues in a negotiation and complicate it further in the matter at hand as a negotiator I
will work and deal with emotions and personality from the issues at hand Separating the people
from the issues allows the parties to address the issues without damaging their relationship. It
also helps them to get a clearer view of the substantive problem. Negotiators on both sides of the
issue bring emotion, perceptions, and values to the negotiations and these may lead to reactions
that produce counter reactions that lead to failure of negotiation
3
The Law Society of Upper Canada “Short Glossary of Dispute Resolution Terms” (Toronto: 1992)
2. Focus on the interest not positions. Negotiator often waist time arguing over who should get
their way or alternatively trying to find a compromise point between the two firm positions they
have staked , however in this matter also will look beyond hard and fast positions to try to
identify underlying interest their basic needs ,wants and motivation. 

3. Invent options for mutual gain. Negotiators often settle for the first agreement they reach,
relieved to have hit upon an outcome that both sides can live with. In principled negotiation,
negotiators devote significant time to brainstorming a wide range of possible options before
choosing the best one. In negotiation options refer to any available choices parties might consider
to satisfy their interests, including conditions, contingencies, and trades. For example, imagine a
job negotiation where the candidate values a higher salary, while the hiring organization is
concerned about being fully staffed. If so, the job seeker might be willing to make a concession
on vacation days in return for the promise of a higher salary.4

4. Insist on using objective criteria. It’s common in negotiation for parties to argue back and
forth about whose “facts” are correct. This type of argument is likely to end in either impasse or
an inefficient compromise. A better way? In principled negotiation, negotiators rely on objective
criteria—a fair, independent standard—to settle their differences. For example, they might agree
to abide by standards such as market value, expert opinion, industry protocol, or law.
Importantly, parties should agree in advance about which objective criteria to consult and agree
to abide by the outcome.5

Conclusion

4
Ibid
5
Fisher, Patton & Ury, Getting to Yes,
Principled negotiation provides more satisfying results for the parties, as it deals with their
underlying needs and interests and thereby establishes agreements which are more likely to be
adhered to. This approach is liable in serving wakanda limited company

Bibliography
The Law Society of Upper Canada “Short Glossary of Dispute Resolution Terms” (Toronto: 1992

Murray, rau and Sherman process of dispute resolution 1966

Unilus ADR law notes

Fisher, Patton & Ury, Getting to Yes,