This PowerPoint explains the basics of negotiations, roles of negotiator, steps for negotiation. This PowerPoint is created under the advice of PrivateCourt, created by Kavya, Saurabh Sawarkar, Jasmine, Hamza Ul Haq, and Akshit.

2. The cost of litigation for those people in
society who lack financial substance, are
unable to afford the official legal proceess
and therefore often lose out in disputes, the
introduction of Private Court offers them a
means to have the access to justice.
PRIVATE COURT

3. Reduce Hostility
Regain a sense of control
Gain acceptance of the outcome
Resolve conflict in a peaceful
manner
The resolution of dispute takes place
usually in private
1.
2.
3.
4.
5.
Mission

4. To define the justice model which is
socially viable
To reach out every individual ie.
make justice economic and efficient
Achieve a greater sense of Justice in
each individual case
1.
2.
3.
Vision

5. RESOLUTION PROCESS
Arbitration Mediation Negotiation

6. Arbitration is a consensual dispute resolution
process based on the parties' agreement to
submit their disputes and to provide a
solution. Arbitrator is the one who is
appointed to solve the disagreement between
the parties.
ARBITRATION

7. Mediation is a voluntary and private dispute
resolution process in which a neutral person,
the mediator, who helps in solving the dispute.
The mediator has no power to impose a
settlement. Their function is to overcome any
impasse and encourage the parties to reach an
amicable settlement.
MEDIATION

8. Negotiations are simple and quicker ways of
solving disputes. They are reached through
discussions made between two parties with
involvement of third party who is a neutral
intermediary. They are also called as Adjudications
and sometimes referred to as Conciliation. They
are common in construction dispute.
NEGOTIATION

9. STAGES OF
NEGOTIATION
Before negotiation takes place, a decision to be
taken as to when and where a meeting will take
place to discuss the problem and who to attend.
Setting a limit time scale can also be helpful to
prevent the disagreement continuing.
PREPARATION
During this stage,individuals or members of each
other put forward the case as they see it that is
their understanding of the situation
Key skill during this stage includes questioning,
listening and clarifying.
DISCUSSION

10. STAGES OF
NEGOTIATION
From the discussion, the goals, interests and viewpoints of
both sides of the disagreement need to be clarified.
Clarification is an essential part of the negotiation process,
without it misunderstanding are likely to occur which may
cause problems and barriers to reaching a beneficial outcome
CLARIFYING GOAL
It focuses on what is termed a ‘win-win’ outcome where both
sides feel they have gained something positive through the
process of negotiation. Compromises are often positive
alternatives which can often achieve greater benefits for all
concerned compared to holding to the original positions.
NEGOTIATION TOWARDS A WIN- WIN OUTCOME

11. STAGES OF
NEGOTIATION
Essential everybody to keep an open mind in order to
achieve an acceptable solution. Any agreement needs to be
made perfectly clear so that both sides know what has
been decided
AGREEMENT
From the agreement, a course of action has be
implemented to carry through the decision.
IMPLEMENTATION A COURSE OF ACTION

12. Negotiator is the one who is in
charge of solving the cases in terms
with rules and laws. Negotiator can
also be called as Adjudicator.
Private court holds lists of local and
international negotiators
NEGOTIATOR

13. Negotiator should accompany the
parties in neutral and impartial
manner in order to settle the dispute
in an effective way.
They should conduct the case by
taking in account of the situation of
the case, the wishes and requests that
both parties express in an appropriate
manner.
ROLES OF NEGOTIATOR

14. ROLES OF NEGOTIATOR
The Negotiator provides the proposal
to the settlement of the dispute.
He/she authenticates the settlement
agreement between the parties.
They should proceed with fairness,
justice and taking consideration of
the circumstances causing dispute.

15. The candidate who wants to join in
the panel of Negotiator should
have a prior experience of working
as a Lawyer, Mediator, Arbitrator,
Consultant or any among these.
Should posses language
skills and technical skills
They should be under 75 years of
age.
They should not hold any
misconduct or issues by the Civil
court
REQUIREMENTS FOR NEGOTIATOR

16. INTIAL ASSESMENT
CONTACTING THE
OTHER PARTY
PREPARING FOR NEGOTIATION

17. INITIAL ASSESSMENT
The desire to resolve the dispute.
Whether a negotiated solution is in the interests
of any or all of the parties in question
The credibility of the other party(ies)
The willingness of the parties to establish or
preserve a relationship
Whether or not there is a disparity between the
parties to the extent that it would be impossible
to bargain equally, i.e., there is a marked
contrast between the parties in terms of the
level of education or the resources of the
parties
•
The desirability of using another form of
alternative dispute resolution, such as
mediation or arbitration
Proper authority to enter into negotiations and
to reach an agreement or settlement.

18. CONTACTING THE OTHER PARTY
Outlining the agenda and the scope of the
negotiations
Fixing the timetable, i.e., whether or not there
will be a fixed period for the talks as well as the
frequency and the duration of the negotiations
Determining the identity of the participants,
ensuring that all interested parties have been
consulted
Choosing the locale for the negotiations
(preferably a neutral location) and arranging
necessary support services
specifying the official language(s) to be used for
the purposes of the negotiations, as well as the
need for translation and interpretation services

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