Mediation and Negotiation

Due to the significant downsides to Litigation, Mediation has become an increasingly appealing alternative to spending months or years embroiled in legal proceedings. Mediation is a process that uses a neutral third party to help negotiate a dispute between two or more parties and reach a resolution that both can be comfortable with. Mediation can occur in conjunction with litigation, and some courts require parties to attempt mediation, or it can be an alternative to try before proceeding with a legal complaint in court. Mediation is generally voluntary and involves the use of one individual, often a former judge in most cases, who familiarizes himself or herself with the nature of the dispute and each party’s arguments, and then attempts to move both parties toward an amicable resolution. Information provided in mediation cannot be used in later court proceedings, and thus mediation presents a safe and neutral ground for hashing out the details of a case. While the actual mediation may initially take place over a period of eight to ten hours in a day, if the dispute is not immediately resolved, many mediators will continue to work with both parties over the course of weeks and months, even after litigation begins, to attempt to reach a resolution.

Negotiation is more flexible compared to the above three methods of ADR. A non-binding procedure in which discussions between the Parties are initiated without the intervention of any third party, with the object of arriving at a negotiated settlement of the dispute. It is a cooperative problem-solving method without the assistance of a third party unlike other methods of ADR. It doesn’t mean that parties cannot avail the services of professional negotiators, they can avail the services of professional negotiators to represent them while negotiating. The success of negotiation depends abound on the preparation, planning and bargaining skills of the parties. In India, Negotiation doesn’t have any statutory recognition. Negotiation is self-counselling between the Parties to resolve their dispute. Negotiation is a process that has no fixed rules but follows a predictable pattern.

Negotiation is a skill that had its presence in Indian Village and was basically done by the Gram Panchayat Level. The scope for negotiation has only increased manifold with the passage of time. The intricacies and nitty-gritty of modern business, commerce and personal relationships have raised the importance of this skill.

We at Fireflies Legal LLP, assist our clients in negotiating diplomatically, with their opponents, in any realms, in their business and personal requirements. We assist our clients in holding result oriented discussions and meetings with third parties.