Title ADR Question No 3..pdf ✅

ALVI LAW ASSOCIATS 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ADR you can watch lecture of this question from here. https://youtube.com/playlist?list=PLXTPClsX2hdBTYAdNL1vmvQ RCjRDU49UY&si=QndPP2AC4nW_2EVm Question # 03: Write a detail note on the scope, characteristics, elements/process, skills involved in the process of negotiation. Also explain role of lawyers in the process of negotiation? (This Question is from 2nd Topic of the Outline) 1. INTRODUCTION: In Alternative Dispute Resolution one of the major techniques for resolving disputes is negotiation. The word negotiation means direct or indirect method of communication between the parties to the conflict. Negotiation and conversation are the best ways to maintain peace in the society. Any issue in hand can be solved with use of negotiation as the technique of ADR.
2. MEANING OF NEGOTIATION: According to Oxford Dictionary of law: “A procedure by which parties engage in discussing matter of mutual concern and attempt to resolve disputes.” 3. DEFINITION OF NEGOTIATION: According to Oxford Dictionary of law: Negotiation can be defined as "a discussion aimed at reaching an agreement". This process involves two or more parties who have different needs and goals and who try to find a mutually acceptable solution through communication and compromise. 4. CONCEPT OF NEGOTIATION: Negotiation is a process where two or more parties communicate directly with each other to resolve a dispute or reach an agreement. They discuss their needs and concerns and try to find a solution that works for everyone. ✓ Example: Imagine a landlord and a tenant disagree over the terms of a lease renewal. They meet to negotiate. The landlord wants a rent increase, while the tenant wants to keep the rent the same. They discuss their positions and negotiate back and forth. Eventually, they agree on a smaller rent increase and a longer lease term. They write down this new agreement to finalize it. 5. SCOPE OF NEGOTIATION: The concept of negotiation is as old as the kingship when kings had to negotiate during active wars to stop the killing. After that in the 20th century the concept of negotiation got great recognition and with the passage of time the scope of negotiation has grown. Now the parties involved in the
conflicts want to resolve their disputes outside the court through conversation and negotiation. Due to these factors the scope of negotiation becomes vast. Now a days the concept of negotiation if of great scope in various fields. Here are some key points to understand the scope of negotiation in different areas. • Business and Commerce: In the business world, negotiation is essential for making deals. Companies negotiate contracts to agree on terms like price, delivery times, and product quality. When businesses form partnerships, they negotiate the roles and benefits for each party. Sales and purchases often involve negotiating the price and other conditions to ensure both buyer and seller are satisfied. • Employment and Workplace: At work, negotiation happens often. Employees negotiate their salaries and benefits with employers. They also discuss work conditions, such as hours and job responsibilities. When conflicts arise, negotiation helps resolve issues peacefully and fairly, ensuring a positive work environment. • Personal Life: In our personal lives, negotiation is part of everyday decisions. Family members negotiate chores, finances, and plans for vacations to make sure everyone is happy. When buying big items like a house or car, people negotiate the price and terms to get the best deal. Even planning events like weddings involves negotiating details to fit everyone’s preferences. • Politics and Governance: In politics, negotiation is key to making decisions and forming policies. Diplomats from different countries negotiate treaties, trade agreements, and peace deals. Politicians negotiate laws and policies to address public needs.