Tiêu đề 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

Local governments negotiate with communities about public projects to ensure they benefit everyone. • Legal Field: In the legal field, negotiation is crucial for settling disputes. Lawyers negotiate settlements to avoid long court cases. In criminal cases, negotiation can lead to plea bargains, where the accused agrees to a lesser charge for a lighter sentence, saving time and resources for the court. • International Relations: On the global stage, countries use negotiation to form trade agreements that benefit their economies. International conflicts are often resolved through negotiation to avoid war. Environmental agreements, like those addressing climate change, are negotiated to protect our planet for future generations. • Market Transactions: In markets, negotiation is common. Shoppers and sellers negotiate prices to reach a fair deal. Auctions involve bidders negotiating the final price of items through their bids, aiming to buy items at a reasonable cost. • Everyday Situations: Negotiation is part of everyday interactions. People negotiate meeting times or schedules to find a convenient time for everyone. Service agreements, like for repairs or rentals, involve negotiating terms to ensure both parties are satisfied with the arrangement. 6. CHARACTERISTICS OF NEGOTIATION: Following are the most important characteristics of the Negotiation. • Communication Negotiation involves talking and listening. Both parties need to clearly express what they want and