Negotiation is a voluntary and informal process where disputing parties come together to discuss and resolve their differences without the intervention of a third party. It is one of the most informal and flexible forms of ADR, allowing parties to control both the process and the outcome. It allows parties to retain control over the outcome, making it a preferred option for many. In Pakistan, negotiation is widely applied in commercial disputes, contract law, family law issues, and employment disputes.
Our Services:
Pre-negotiation strategy planning: We work with clients to set clear goals and expectations before entering negotiations.
Representation during negotiations: Our barristers will represent clients' interests during face-to-face or virtual negotiation sessions.
Drafting agreements: We draft binding and enforceable agreements following successful negotiations.
Post-negotiation review: Our team assists clients in understanding the legal implications of the negotiated agreements and their enforcement mechanisms.
Types of Negotiation:
Positional Negotiation: Each party holds firm to their initial stance, often leading to compromise.
Interest-based Negotiation: Parties focus on mutual interests rather than rigid positions, aiming for win-win solutions.
Distributive Negotiation: A competitive form where the objective is to divide a limited resource, often resulting in a win-lose outcome.
Integrative Negotiation: Seeks to create value or expand the pie, allowing both sides to achieve gains.
Procedures
Preparation: Both parties identify the issues, gather relevant information, and define their objectives and constraints. We provide strategic guidance to help clients prepare.
Opening Offers: Parties present their initial offers. Our barristers ensure these offers reflect the client’s best interests while leaving room for flexibility.
Exploration: Both sides engage in discussions to understand each other’s positions, interests & priorities. We facilitate effective communication to avoid misunderstandings.
Bargaining: The give-and-take phase where parties exchange concessions. Our firm ensures that no compromise undermines the client’s key objectives.
Closure: Once an agreement is reached, we draft a formal, legally binding document outlining the terms of the agreement.
Enforcement: We assist in ensuring compliance with the agreed terms and provide legal advice in case of non-compliance.
Important Data:
Success rates of negotiated settlements often exceed 70%.
Negotiation can take hours to weeks, depending on the complexity of the dispute.
Relevant Laws
Contract Act, 1872: Governs enforcement of agreements reached through negotiation.
Pakistan Arbitration Act, 1940: Although more focused on arbitration, it sets precedents for negotiated settlements.
Civil Procedure Code, 1908 (CPC): Relevant when negotiation is used to settle disputes outside court proceedings.
The Arbitration and Conciliation Ordinance, 1966
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