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  • PACT Bootcamp

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    Atish Biswas
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    The document provides guidance for negotiations and mediations. It discusses important elements like understanding interests and alternatives, avoiding judgment, diagnosing problems, listening empathetically, and establishing trust and cooperation between parties. For negotiations, it advises considering the Thomas-Kilmann conflict styles, timing approaches carefully, and getting the other side to generate solutions. For mediations, it outlines principles like voluntariness and neutrality for mediators, and suggests mediators clearly explain the process and their role in facilitating agreement between parties.

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    The document provides guidance for negotiations and mediations. It discusses important elements like understanding interests and alternatives, avoiding judgment, diagnosing problems, listening empathetically, and establishing trust and cooperation between parties. For negotiations, it advises considering the Thomas-Kilmann conflict styles, timing approaches carefully, and getting the other side to generate solutions. For mediations, it outlines principles like voluntariness and neutrality for mediators, and suggests mediators clearly explain the process and their role in facilitating agreement between parties.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    20 views3 pages

    PACT Bootcamp

    Uploaded by

    Atish Biswas
    The document provides guidance for negotiations and mediations. It discusses important elements like understanding interests and alternatives, avoiding judgment, diagnosing problems, listening empathetically, and establishing trust and cooperation between parties. For negotiations, it advises considering the Thomas-Kilmann conflict styles, timing approaches carefully, and getting the other side to generate solutions. For mediations, it outlines principles like voluntariness and neutrality for mediators, and suggests mediators clearly explain the process and their role in facilitating agreement between parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 3

     Ask relevant questions- be completely sure.

     As a good negotiator, you have to know the why to the what of the other person
    as well as yours.
     For a negotiation competition, a judge judges the means to reach the end rather
    than the end itself.
     Don’t rush to solutions
     The crux of every ADR competition is not to react but respond at all times.
     Avoiding, compromising, Accommodation, Competing, and Collaborative Style.
    (Thomas-Kilmann Test)
     Know your style before going to a competition
     Figure out other stakeholders and people affected by this situation.
     Timing of your approach is also important
     Diagnosing the problem is the 1st step.
     Practise listening
     Make the other person come up with solutions
     Empathetic listening thinking
     Fixing the relationship between the two parties beyond this deal
     Go through the minutes of details of the agreement

    Avoiding Techniques
     Diagnosing
     Interruption
     Closed Questions- Does not have a choice to say anything else, to keep people
    on the spot, make people defensive.
     Solutions
     Judging
    Getting to Yes by William Yury

    Vexatious Virus

    7 elements of successful negotiation (Harvard PON)


     Interests- Common ground of both the parties
     Options- Did they consider the best ways available
     Alternatives- What was Sam/Dr. Drey’s alternative, Asking Government to help
    them
     Communication
     Relationships
     Standards- Whatever are you agreeing to are they legal
     commitment- Whether the opposition has the authority to negotiate

    Opening statement:

     Should not go about talking about the problem in the first 60 seconds. Break
    the ice.
     Acknowledge the other person
     Introduce yourself (about what you are doing and what you are excited
    about)
     Status of the relationship
     What is concerning you about the conflict rather than the facts (summarize)
     What you are hoping to achieve in this negotiation
     Confirm your authority to settle and the timeline of settlement
    If an opening statement shows the intention to settle, it’s very good.

    Opening Statement for Sam:


    I’m very happy Dr. Dre has agreed to this negotiation process and has
    appeared today to settle the issue. I’m Sam, the CEO of SkinSkinny, India’s
    leading health and wellness brand, which has been working in the domain of
    weight loss products. We are looking forward to expand our products and
    making even better products in the future.
    Health, for both of us, has been our focal point.
    Our relationship with Dilli University has not been amicable, as we have
    been in litigation over the copyright of an exercise program study. However,
    this should not hinder the amicable resolution of the problem that we have
    in hand today.
    SkinSkinny has created a product
    Mediation is a facilitated negotiation. A neutral party comes to help the
    negotiation.

    Principles of Mediation:
     Clarity
     Confidentiality
     Voluntariness- Both parties choose their mediator.
     Autonomy
    Neutrality is also about how you behave during the process.
    If you ask too many close-ended questions to one party, it will cast a doubt
    on the mediator’s neutrality.
    A mediator cannot be called to Court to give testimony. Everything is
    confidential, unless explicitly mentioned, it cannot be mentioned in a joint
    session.
    Parties have to consent to every activity; they undertake from the start till
    the end.
    The mediator needs to have patience.
    Parties are the decision takers; the mediator only helps to take the decision.

    Mediator’s Opening:
     Introduction about yourself- your expertise, where you are from, and your
    credentials (max 10-15 seconds)
     “Appreciate for choosing mediation” and not “thank the parties for choosing
    mediation”.
     Talk about the advantages of mediation.
     4 building pillars of mediation, brief them about the procedure- flexibility,
    joint session, and single session.
     Role of a mediator- what you can expect from me.
     Guidelines- not interrupt each other, make notes on your disagreement
     Invite the parties to give their own statements

    Mediator’s experiences
     Emotions (personal)
     Authority/Intervention/Informal mediator
     Struggling to find the purpose
     Negotiation Gap- ZOPA
     Too many solutions
     Irrational Evaluations
     Need for concerns
     Give structure

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