Jeet Tech Solutions (JTS) and Inforcom Softwares Ltd. (ISL), both parties found themselves in a commercial dispute regarding a breach of contract over a software development project. The dispute led to significant financ

CS Professional · Arbitration, Mediation and Conciliation · PYQS · December 2024
Jeet Tech Solutions (JTS) and Inforcom Softwares Ltd. (ISL), both parties found themselves in a commercial dispute regarding a breach of contract over a software development project. The dispute led to significant financial and reputation impacts for both companies. With the aim of resolving their differences, they agreed to appoint a mediator to resolve the conflict. You are appointed as mediator to resolve the difference between the parties. Highlight the key points to be considered for negotiation.

Answer & Explanation:

The Key points to be considered for negotiations are as follows: Begin Co-operatively and be polite. Pay attention to the body language. Be transparent of the needs. Set your goals in advance. Act confident and informed. Build trust. Try to understand the perspective of the other person. Look for common good and not the areas of conflicts. Ask Questions. Active and Passive listening is required. Recognize the dirty tricks if being used. Be willing to refer various other means of dispute resolution. Be forgiving if the conversation turns into a heated argument. Be prepared to walk away if the settlement doesn't come. Don't narrow down the discussions to one issue. Discuss all the issues one by one. Reframe negative statements. Separate the people from the problem. Justify all offers and concessions. Protect the facts and use them when necessary. Use silence at the appropriate time.

Topics: Mediation

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