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The Art of Negotiation and Mediation (A Wishbone, Funny Bone and A Backbone)

The Art of Negotiation and Mediation (A Wishbone, Funny Bone and A Backbone)

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Description
Disputes happen. They are as inevitable as death and taxes. You can try to avoid them, pretend they do not exist, try and bully your way out of them but one thing is certain - there is no escaping them. A conflict is like a coconut. If you know how to crack it open, you get a treat of fresh coconut water and fruit. If don't know what to do with one, it is just a heavy object you don't want falling over your head. This book will introduce you to two important tools which can help prevent and manage conflicts in business and life in general - negotiation and mediation.
Knowing how to negotiate helps you understand the other party's requirements. Trying to find a middle path to meet others' interests, while still fulfilling your own, is the first step towards building long-term personal and business relationships. But even after negotiating effectively, there will be roadblocks where we stumble and become party to a dispute.
Mediation is a form of conflict resolution technique which is used all over the world to nip disagreements in the bud before they morph into all consuming, public disputes. Mediation is a technique through which disputes can be settled using limited time and finances without making your private matters public. Looking at and dealing with, not just disputes but any stressful situation differently, can change the way they affect the sum total of our life.
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Contents
Chapter I: Unlearning what you know about Disputes.
Disputes
Parties
Perception.
Facts - The Reality
Perception v. Reality Dilemma
Change
Process
Principles
Practicalities
Chapter II: Re-learning to Communicate.
Effective Communication
The Communication Navratnas
Smoothening the Roadblocks
Culture and Communication.
Chapter III: Negotiation—A Double Edged Sword.
Negotiation Dynamics
Types of Negotiation
The Neuroscience behind Negotiation.
Multiple Phases and Multiple Parties
BATNA
Negotiation 'Jujitsu’
How to Prepare for a Negotiation
Stages
Barriers to Negotiation
Role of Lawyers in Negotiation
Chapter IV : Mediation—The Magic
History of Mediation
Characteristics of Mediation
Difference between Mediation and Conciliation
Assessment of Suitability of a Conflict for Mediation
Role of a Mediator
Qualities of an Effective Mediator
Stages of Mediation
Mediation Techniques
Inside the Mediation Process
Role of Lawyers in Mediation
Psychology of Mediation
Mediation Clauses in Commercial Agreements
Practical Challenges
Chapter V : Law Governing Mediation in India
Industrial Disputes Act, 1947
Code of Civil Procedure, 1908
Arbitration and Conciliation Act, 1996
Companies Act, 2013
Mediation in Family Disputes
Important Judgments on Mediation in India
Chapter VI: Status of Mediation across the Globe
Singapore
Japan
United States of America (USA)
European Union (EU)
International Organizations
References
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Author Details
Anuroop Omkar completed his B.Com; LL.B. (Hons.) from Gujarat National Law University, Gandhinagar in 2012. He obtained international certification on Negotiation and Mediation from USA and Europe. He co-founded Bridge Mediation & Consulting Pvt. Ltd. (BMCPL) with his law school best friend and now his wife Kritika Krishnamurthy Omkar. BMCPL in collaboration with G.N.L.U, N.L.U, Jodhpur and TISS, Mumbai has trained both students and professionals in negotiation and mediation.
Kritika Krishnamurthy graduated from G.N.L.U in 2012. Since then she has been working in the Corporate Team of Lakshmi Kumaran & Sridharan and presently works as a Senior Associate with the firm. She is a recipient of the Dhirubhai Ambani Foundation Scholarship and Maharashtra Board Scholarship for the academic years 2007-12. Her areas of interest are Corporate and Commercial laws, Direct Tax and International Taxation. She co- founded Bridge Mediation and Consulting Pvt. Ltd. with Anuroop in 2013.
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