Project J

NEGOTIATION

SCENARIO:

Proxy Vakeel, a current law student about to graduate, negotiates via email (simultaneously)
with two law firms who are potential employers. Both firms have offered to create a new
position for Proxy, as the Director of Drafting, to manage its behind the scenes drafting work.
Proxy’s interests are wide-ranging, including the work itself, salary & benefits, start date &
vacation time, location, degree of travel, and flexibility in working from home because of family
concerns. Adams represents Khaitan, Proxy’s former employer. Sylevester represents
LegalEdge, another potential employer. Adams does not know Proxy has another job offer
(unless Proxy decides to reveal this information). Sylvester knows that Proxy has an offer from
Khaitan, but does not know that Proxy is still negotiating the terms of the offer (unless Proxy
decides to reveal this information).

Major Lessons:

The major lessons relate to self-advocacy in job negotiations as well as dealing with the
challenges presented by communicating via email (instead of face-to-face). This simulation
highlights sources of power for job candidates in career negotiations, including preparation,
setting high aspirations, having a strong BATNA, emphasizing unique skills or contributions the
job candidate can bring to the organization, considering a range of interests, and connecting with
others. This simulation also helps students consider strategies to effectively negotiate via email,
including setting up a meeting in person (or via Skype) prior to the email exchange when
possible, establishing shared norms for communication (and swiftly sharing the reason for any
delay in communication), formatting messages so they appear professional and are easy for the
recipient to understand, and the importance of proofreading.

MEDIATION

SCENARIO

A Landlord files suit for eviction against the tenant. Landlord and tenant were earlier good
friends. During negotiation at mediation, tenant agreed to vacate within three years whereas the
landlord insisted that he wanted the tenant to vacate in one year.
In the private session, when the Mediator noticed the rigidity of the landlord regarding the ‘one
year’ period, he explored why vacating in ‘one year’ was crucial. The landlord confessed that he
was terminally ill and had only 2 to 3 years to live. He urgently wanted the premises to set up his
son in business during his lifetime.
What Mediator Can Do
Mediator through the help of the landlord’s counsel, in private session, helps him understand
how cases of this nature could take several years in Court. The Mediator requests if the
information on his ill health could be shared with the tenant. The landlord agrees. The tenant is
surprised to know about his friend’s ill health. He agrees to vacate in one year provided he would
be allowed to store some of his things in same premises for an additional 6 months. Landlord
also agrees to immediately reimburse the security deposit paid for the house so that the tenant
could explore the purchase of a new premises.
While parties take positions, they are often safeguarding other interests which they are not
willing to disclose and may have not thought through thoroughly. As the Mediator gains the trust
of the parties, they are more comfortable about sharing private information and allow the
Mediator to lead them to the reality of the situation.

In the private session, when the Mediator notices the rigidity of the landlord regarding the ‘one
year’ period, he explores why vacating in ‘one year’ is crucial. The landlord confesses that he
was terminally ill and had only 2 to 3 years to live. He urgently wants the premises to set up his
son in business during his lifetime.

ARBITRATION
Sohan, Mohan and Rohan are software engineers working in Sunsoft Solutions Corporation, a
renowned software company in Bangalore. When these people are employed like others, they
were asked to sign some restrictive covenants with the Sunsoft Solutions Corporation. These
restrictive covenants contain few clauses of confidentiality – that they will not let the trade
secrets and other matter be known to any outsiders or any other person in the corporation etc. and
during and after termination of their service with Sunsoft Solutions, they will not themselves run
any competitive business or join some others for the same for a period of three years.
All three of the above-mentioned software engineers are found lacking integrity to serve the
Corporation. The corporation conducted departmental enquiry against these engineers and found
them guilty for breaching the confidentiality norms of the Corporation. After due inquiry, their
services were terminated. After six months of the termination of their services, Sunsoft Solutions
Corporation noticed that all the three have started a new company of their own in the name of
Moonbeam Software Solutions Corporation. Now, Sunsoft Corporation wants to restrain them
from starting their business, and also claim damages of Rs.25,00,000 for running competing
business for six months against the restrictive contract they had with Sunsoft Solutions
Corporation. Conduct the Arbitration Proceedings through a simulation.