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    Types of Negotiation:: One Person Succeeds Only If Another Person Loses

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    Prabhakaran Karthikeyan
    This document discusses different types of negotiation and negotiators. It describes integrative negotiation as seeking mutually beneficial solutions, and distributive negotiation as one party succeeding at another's expense. It notes team negotiation involves multiple people on each side, and multiparty negotiation has more than two parties. It characterizes competitive negotiators as results-driven and assertive, sometimes aggressive, while cooperative negotiators collaborate to find common objectives in the overall system's best interest.

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    Types of Negotiation:: One Person Succeeds Only If Another Person Loses

    Uploaded by

    Prabhakaran Karthikeyan
    36 views5 pages
    This document discusses different types of negotiation and negotiators. It describes integrative negotiation as seeking mutually beneficial solutions, and distributive negotiation as one party succeeding at another's expense. It notes team negotiation involves multiple people on each side, and multiparty negotiation has more than two parties. It characterizes competitive negotiators as results-driven and assertive, sometimes aggressive, while cooperative negotiators collaborate to find common objectives in the overall system's best interest.

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    This document discusses different types of negotiation and negotiators. It describes integrative negotiation as seeking mutually beneficial solutions, and distributive negotiation as one party succeeding at another's expense. It notes team negotiation involves multiple people on each side, and multiparty negotiation has more than two parties. It characterizes competitive negotiators as results-driven and assertive, sometimes aggressive, while cooperative negotiators collaborate to find common objectives in the overall system's best interest.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    36 views5 pages

    Types of Negotiation:: One Person Succeeds Only If Another Person Loses

    Uploaded by

    Prabhakaran Karthikeyan
    This document discusses different types of negotiation and negotiators. It describes integrative negotiation as seeking mutually beneficial solutions, and distributive negotiation as one party succeeding at another's expense. It notes team negotiation involves multiple people on each side, and multiparty negotiation has more than two parties. It characterizes competitive negotiators as results-driven and assertive, sometimes aggressive, while cooperative negotiators collaborate to find common objectives in the overall system's best interest.

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    © All Rights Reserved
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    • Integrative Negotiation:

    Negotiating parties attempt to reach a mutually


    beneficial solution.
    • Distributive Negotiation:
    One person succeeds only if another person loses.
    Types of • Team Negotiation :

    Negotiation : one person.


    The negotiating parties are made up of more than

    • Multiparty Negotiation
    A multiparty negotiation is a type of bargaining
    Where more than two parties negotiate toward an agreement.
    • Competitive Negotiators :

    They are highly results-driven, focussed and assertive,


    and they can often become aggressive. They thrive in a
    negotiation situation as they enjoy the opportunity to win.
    Competitive negotiators have a strategic mind, so they don't tend
    to get phased by their opposition.
    Types of
    Negotiators : • Cooperative Negotiators :

    They are particular type of negotiations where agents


    cooperate and collaborate to achieve a common objective, in the
    best interest of system as whole. In cooperative negotiation, each
    agent has a particular point of view of the problem
    BASIS OF COMPARISON Negotiation Mediation

    Meaning Negotiation is a method of dispute Mediation is also a method of dispute


    resolution in which parties settle their resolution in which an independent third
    conflict and reach an agreement through party assists the parties to conflict in
    discussion. resolving their disputes.

    Intervention Of third Party No Yes

    Meeting Representatives of the parties to conflict A mediator meets both parties jointly and
    meet to discuss their interests and rights. separately, to talk about the issue.

    Representation of Interest By the parties themselves or by their By the mediator


    representatives.

    Settlement Parties themselves reach an agreement. The mediator proposes a solution, to


    resolve the issues of the parties
    concerned.

    Outcome Depends on the relationship between the Controlled by the parties concerned
    group.
    Current Jurisprudence on Mediation:

    From Lord Krishna mediating between Kauravas and Pandavas in the


    Mahabharata, to family elders resolving domestic issues, there exists a strong culture of mediation
    in India.
    With the passage of time, there are certain statutes which provide for mediation
    as a mode of settlement of disputes between the parties. Such statutes comprise of, but not
    limited to the following:

    • Section 4 of the Industrial Disputes Act, 1947


    • Section 89 read with Order X Rule 1A of the Code of Civil Procedure, 1908
    • Order XXXIIA of CPC
    • Legal Services Authority Act, 1987 read with Section 89 of CPC
    • Section 442 of the Companies Act, 2013 read with the Companies (Mediation and Conciliation)
    Rules, 2016
    Judicial Precedents related to Mediation :

    Salem Bar Association v. Union of India


    In this matter, Writ Petitions were filed challenging the Amendments made
    to the Code of Civil Procedure by way of Amendment 46 of 1999 and Amendment 22
    of 2002.

    The Hon’ble Supreme Court opined the need to promote Alternate Dispute
    Resolution. It therefore, considered Section 89 to be a welcome step. It was therefore
    suggested by the Hon'ble Supreme Court, that a Committee be constituted so as to
    ensure that the amendments made to the Code of Civil Procedure become effective
    and result in quicker dispensation of justice.

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