Art of Negotiation and Mediation (Wishbone, Funnybone and Backbone)

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Description
When we first wrote this book, mediation was not very well known in India. It was restricted to court annexed mediation in matters referred by courts. There were very few laws. We struggled with client queries on enforceability of mediation settlements. We wrote the book in a hope that we would be instrumental in making mediation better understood and known as a dispute
resolution mechanism. We are happy that our drop of a contribution is now part of a mighty oceanic, mediation revolution in India. In the second edition, we have attempted to keep those things that worked for readers in the first edition as is. We have further upgraded information so that users can have all the new information handy. Our opinion on disputes, negotiation and mediation has not changed from the first edition to this one. We in fact think that processes like mediation and facilitated negotiation are becoming increasingly important in a world where communication as we have known it in the past decades is completely changing. With increasing communication through online modes, emotions expressed using emojis instead of faces, when we are faced which communicating in times as distressing emotionally as disputes, the possibility of people naturally resorting to de-escalating communication strategies becomes even more difficult.

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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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