Dispute Resolution in
Telecom and Broadcasting
Sectors
“Regulatory Framework and Dispute
Resolution”
on
Saturday 14th May, 2011
at
Guwahati
Negotiation and Mediation
Presented by
Ms. Neena Bansal Krishna
Secretary / Director (ADR)
www.ReadySetPresent.com
Page 3
DEFINITION
 Defined as process of reciprocal
communications between participants for
purpose of achieving or satisfying a participant’s
claims, need or interests in face of competing,
claims, needs or interests.
 Process of bargaining between two (or
interests.
more)
 Helps parties to arrive at an agreement
satisfactory to both parties.
4
Involves :
• a complex set of human behavior
Requires :
• An understanding of communications,
persuasions;
• behavioral theories, psychology;
• conflict resolution methods;
• flexibility, creativity and reasonableness.
Listening is most powerful negotiation skill
All negotiations involve two levels :
Vs.
Works at various stages of
negotiation process :
• Which strategies are planned
to be used; which are actually
chosen
• The way other party and its
intentions are perceived.
• Willingness to reach
agreement
Whether to settle or not,
depends on emotional
factors
Positive emotions facilitate :
• reaching an agreement
• help to maximize gains
Negative emotions can cause :
• intense irrational
behaviour
• Conflict to escalate
• negotiations to break
Approaches
to
negotiation :
 Good Negotiator blends both
approaches and shift according
to circumstances
 Both are not mutually exclusive
nor one superior to other
 Both may be followed
 Neither approach is inherently
more effective than other.
Six steps of
Negotiation Process
State the problem
Restate the issues
Decide on best solution
Identify real needs
Present possible solution - options
Reach consensus
Fundamental elements of negotiation process :
Pre bargaining - Preparation
1. Gather information
2.
Leverage Evaluation
– time factor, urgency, availability
3. Analysis : What are the issues;
What are the ‘needs’ wants / greed
Understand others needs
4. To know strengths and weaknesses of case
5. Goals and Expectations
6. Develop rapport
Phase-I
Fundamental elements of negotiation process :
Bargaining
Phase-II
Opening Offer :
1. More than what you expect.
2. Should be reasonable and constructive.
3. Have justifications.
4. Keep in mind both goals and bottom lines.
5. Break problem into issues.
6. Explore options.
7. Remember principles of fairness.
Negotiation dance
Opening
Offer (Rs.)
16,000
17,000
17,500
Value to be distributed
Rs.4000/What do you want.
Market
Price (Rs.)
Where should be the first offer.
19,000
18,000
When to make first move
17,750
17,875
17,935
20,000
18,250
How to close.
Rs.18000/-
18,125
18,065
SELLER’S WALK AWAY
POSITION Rs17,500
Rs
16,ooo
Book Sale
Exercise
BUYER’S WALK AWAY
POSITION Rs18,500
Rs20,000
Fundamental elements of negotiation process :
CLOSURE
Don’t blow end game :
• Don’t rush or delay
• Strike when iron is hot.
Wise agreement :
• Should be efficient.
• Improve relationships
• Don’t fuss over petty issues.
• Meets interests of both parties.
Don’t ignore emotional closure
Phase-III
Tricks of Negotiations :
1. Few trade off.
2. Concessions : logrolling make
concessions of low priority in
exchange for concessions on
issue that is of more value.
3. Bridging the gap
4. Speak their language
Tricks of Negotiations :
5. Make dependence a factor
6.
Explain demands – Use
objective criteria
7. Facts and statistics
8. Higher Authority
9. Taking Risks : Trust is
important
Negotiate from Strength
"When others sense your willingness to
walk away, your hand is strengthened.
Sometimes you are better off not getting to yes.“
Negotiate Effectively… Even
When You are Weak
Reframe Weakness as Strength
• 1912 Presidential
campaign
• Used photo of
Roosevelt without
permission
• 3 million copies
printed
• Penalty $1/copy
• Telegram: planning to print 3 million
copies of campaign speech. Excellent
opportunity for photographers.
• How much are you willing to pay us to use
your photograph?
• “Appreciate opportunity but can afford to
pay $250.”
• Don’t reveal the weakness of your
alternatives
• Having weak alternatives is not so
bad if the other side’s alternative is
also weak
• Being weak is bad. Feeling weak
can be fatal.
• The person who defines the
negotiation, wins the negotiation
Despite best efforts sometimes
negotiations reach at impasse

Parties realise resolution of disputes
can serve better but do not reach to
settlement.

A negotiator to examine why
negotiations failed and try to
overcome barriers
25
Risk aversion and loss aversion
–
One party takes calculated steps to maximize
one sided gains.
conflict of interests between agents goal and
objectives and those of his principles.
Due to unwarranted assumptions about motives and
intentions of other parties.
26
Reasons For Negotiation
Breakdown
Techniques
Poor negotiation skills
Help parties with framing offers
Unrealistic Expectations
Issues of Principles
Reality testing
Emotions, ego, pride
Acknowledge and allow expression of
emotions
Failure of
communications
Poor decision making
Act as a conduit for clear and safe
communications
Settlement panic
Help parties to visualizes future
beyond dispute
Focus parties on practical
considerations
Shape agreement
Mediation
Mediation is a voluntary process in which a
neutral third party - a mediator - facilitates
through communication and negotiations,
the parties to arrive at a mutually acceptable
amicable agreement to their dispute.
28
A mediator :
 facilitates communication and negotiations ,
 promotes understanding,
 assists parties to identify interests and
needs,
 uses creative problem solving techniques ,
 enables parties to reach their own agreement.
29
Mediator as Negotiator
Utilizes negotiation skill

To understand negotiation tactics

To help parties past hurdles to make first
offer

To manage parties expectations

To exchange information tactically

To use creative problem solving techniques
Thank you
31