Negotiation is a process continuously practiced by the law professionals during their career. As a mode of clinical legal education, the law students need to be duly proficient in the art of not only interviewing and counselling of clients, but the entire process of negotiation skill. This presentation is an effort in that direction.

1. THE PROCESS OF NEGOTIATION

2. SKILL AND STRATEGY

3. Presentation
by
Maj. Gen. Nilendra Kumar,
Director,
Amity Law School, Noida

4. Role of an advocate in negotiation

6. NEGOTIATION IN DIFFERENT
CONTEXTS
1. With clients
2. With opposite counsels
3. With service providers or court officials
4. With judges

7. Technique

8. APPROACHES IN NEGOTIATION
1. Positional negotiation
2. Interest based negotiation

9. Reflect on “norms of reasonableness” and
also what would be considered extreme or
ridiculous.

10. Study and know facts clearly

11. PRE NEGOTIATION TASK
1. Interviewing
2. Counselling of clients
3. Obtain necessary information
4. Legal research
5. Plan case management procedures

12. Bear in mind the importance and
implications
of the deal for your client.

13. Communicate effectively

14. Let there be no confusion due to use of
language

15. Use interpreters, if required

16. Know the case of opponents in detail

17. Plan what offers and counter offers can be
advanced.

18. Make a determined effort to break the
impasse .

19. Simplify the technical jargon

20. Narrow down the areas of dispute

21. Follow common sense approach

22. Unreasonable stand has hardly a chance
of
success.

23. Example Second Round Table Conference

24. SECOND ROUND TABLE CONFERENCE

25. Adopt a policy of give and take

26. Find out why it is vital for the other party
to settle.

27. Show to the other party the benefits of the
disputes to be resolved.

28. When the deal is clinched, it is a win-win
situation for both.

29. CONCLUSION
The process of negotiation can be put to
great use to settle different types of
disputes.