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)

Page 3

www.ReadySetPresent.com

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 more) interests.

Helps parties to arrive at an agreement satisfactory to both parties.

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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 :

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 ofNegotiation Process

State the problem

Decide on best solution

Reach consensus

Restate the issues

Present possible solution - options

Identify real needs

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

Fundamental elements of negotiation process :

Pre bargaining - Preparation 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.)

Value to be distributed Rs.4000/-

Market Price (Rs.)

16,000 What do you want. 20,000

17,000 Where should be the first offer. 19,000

17,500 When to make first move 18,000

17,750 18,250

17,875 How to close. 18,125

17,935Rs.18000/-

18,065

SELLER’S WALK AWAY POSITION Rs17,500SELLER’S WALK AWAY POSITION Rs17,500

BUYER’S WALK AWAY POSITION Rs18,500BUYER’S WALK AWAY POSITION Rs18,500

Rs 16,ooo

Rs 16,ooo

Rs20,000Rs20,000

Book Sale Exercise

Fundamental elements of negotiation process :

CLOSURE Phase-III

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

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 Authority9. Taking Risks : Trust is important

Tricks of Negotiations :

Negotiate from Strength

"When others sense your willingness to "When others sense your willingness to walk away, your hand is strengthened. 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.”

Lessons from Roosevelt

• 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

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Reasons For Negotiation Breakdown

Techniques

Poor negotiation skills

Help parties with framing offers

Unrealistic Expectations

Reality testing

Issues of Principles Focus parties on practical considerations

Emotions, ego, pride Acknowledge and allow expression of emotions

Failure of communications

Act as a conduit for clear and safe communications

Poor decision making Shape agreement

Settlement panic Help parties to visualizes future beyond dispute

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.

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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.

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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

Mediator as Negotiator

Thank you

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