During any negotiation, the following considerations should be kept in mind:
Concentrate on interests, not positions. Try to focus on the underlying interests of all the parties, i.e., their needs, desires, concerns and fears, and how they might be acknowledged and reconciled.
Separate the people from the problem. Avoid blaming the other side for the problem(s) one has encountered and discuss the perceptions held by each side. Ensure that there is effective communication between all parties.
Listen carefully and actively to what the other side is saying and acknowledge what is being said. This can be done through methods such as asking questions and by making frequent summaries.
Try to make the negotiations a “win-win” outcome by creating options for mutual benefit.
There is no need to wait until negotiations have begun, however, to develop these options. They can and should form part of the development of the negotiating strategy, although they are subject to modification in the negotiation course.
Creating these options implies a willingness to look beyond the limits of the issue(s) in question. Doing this can be achieved through means such as brainstorming sessions with one's negotiating team. Brainstorming can also be a joint exercise involving all the parties. These sessions should be structured to allow all participants the opportunity to voice ideas in a non-adversarial and non-critical environment.
Use objective standards. Citing objective standards such as legislation or government policies enables parties to view the issues rationally rather than emotional terms and facilitates the conclusion of an agreement. There is likely a variety of alternative objective criteria that could be cited by the parties, and, if possible, they should be identified by each negotiating team before entering into the negotiating session.
Evaluate proposals of the other party and the progress of the negotiations in light of the BATNA (Best Alternative To a Negotiated Agreement). It may become necessary to break off the negotiations if there appears to be no way of achieving an outcome superior to the BATNA. This can occur when it becomes apparent that the underlying interests between the parties are irreconcilable or that the other side does not want an agreement.
When necessary, feel free to stop the negotiations if there is a need for the negotiating team members to confer on new development. To avoid revealing the content of these discussions, the caucus should be held in a private location that is preferably not visible to the other side.
Please stay within the limits of one's negotiating mandate. Ensure that there is constant communication with the client when acting on the latter's behalf. The same principle applies when bargaining in the governmental context; before committing the government to a position, Justice counsel must be clear about the extent of her or his bargaining authority. More specifically, counsel must be sure that they have received specific instructions on whether or not to conclude an agreement and the limits of the mandate, e.g., the limits governing any offer to the other party and the degree to which different options can be offered. As well, any agreement that is reached must respect existing laws and government policies.
Prepare for the possibility of being confronted with provocative, intimidating, unfair or deceptive behaviour of a party to the negotiations. At worst, it may become necessary to end the negotiations, having carefully examined one's BATNA and having concluded that termination is the preferable course of action.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre shall not be responsible for any errors caused due to human error or otherwise.