How to make opening statements?
The opening statement carries the most marks.
The counsel deals with all the technicalities of the problem. Client deals with all the facts of the matter. All the laws and monetary numbers should come from the counsel and not the client.
The client and counsel should have good chemistry and should not interrupt each other.
The client and counsel can have written communication.
Sit straight, look interested, keep nodding, counsel must take notes during the session. Dress properly. Client dress according to his role.
Counsel's opening statement
1. Counsel introduces his/her client. Name of the client, his profile, and why is here in the mediation table.
2. Counsel clarifies his role in the session. - He shall be dealing with technicalities related to laws, and any calculations related to numbers/money. (Laws are not used in a mediation session. If a law is mentioned in the problem statement only then it can be used.)
3. Counsel points out that his role is only advisory and the power to make decisions rests with his client.
4. Shift the focus to your client. "It if my client who is in the best position to explain what he/she is going through and what are the ground realities of the problem."
ALWAYS REMEMBER, THE COUNSEL IS IN A MEDIATION ON ADVISORY CAPACITY AND THE POWER TO MAKE DECISIONS RESTS WITH THE CLIENT.
Client's opening statement-
1. Summary of the entire problem. Issues that the client faces, solutions, or what position he looks to be at after the end of the session.
2. Play the role of a general citizen or whatever is given in the problem statement.
3. Client sets the tone of the entire session.
Sir while we that we might let go of thing A, subject B is something we are not willing to compromise at all.
4. After this, the client again gives the chance to his counsel who sets the agenda of the meeting.
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JOINT SESSION / CONFERENCE
Role of a mediator- sets tone, show his impartiality towards the parties
Parties get to know the main interest of the other party.
1. Client- say your side of story. explain your grieviances. show how the other partues actions hve affected you.
2. do engage in information sharing. ask questions. tell me more. how so?
in this process, you get to know the priorities of the party, and helps you make further negotiations
3. each party should make an attempt to find out if the other party is also on the same page as them over some facts.
Private COCUS
1. Clarify what is confidential to mediator.
Be honest during the cocus.
2. The mediator role is of a confidant.
Mediator can ask certain confidential questions like - What are the strenghths of your case? What is the nest alternatives you have in case this mediation does not work out? What are your monetary constrains? What is ur underlined mens reus in entering into this agreement(main intentions)?
CLOSING STATEMENT
1. Last chance to impress your judges-to be nice, to be pleasant, to acknowledge the kind of contributions from other team, and also acknowledge the contribution of the mediators for helping both the parties( thanks for puting with us for last hour and faciliating a smooth conduct of the session, mainting the confidentiality and ensuring our trust) how that you paid attention in the entire process.
2. Say things like-- A creative solution came from the other party which made it easy for us to proceed.
As a counsel- summarize the agreements that you have reached. Discuss the common groups you have reached. Discuss to bring another session for unresolved issues. Stipulate that a contract will be done in the future.
As a client- Thank the other party to meet you half way- and calling for mediation u=instead of taking it to court. For being okay with suggestions that might not have been ti their best interest but is the easiest way to resolve the dispute. Make comments on things that happened during the meeting and acknowledge .
INFORMATION GATHERING
1. OPEN ENDED QUESTIONS - How has this dispute affected you?
Now that you have understood the context of the dispute, how do you think we should move forward?
moving forward, if we cannot come to a solution through these sessions, what do you think the repercussions are?
2. Close-ended questions- yes/no answers
3. Probing questions- How so? Tell me more?
Important tips:
1. every negotiator has his/her own style. try to build your own style. You could be an assertive negotiator who is firm on his stand or you could also be accommodative. Just try to be comfortable in whatever you follow.
2. In competitions, try to be inclusive, that is, tell your gender pronouns. Pronounce the name of the opposing counsel correctly and use only the pronouns specified by him.
3. Do not reveal your confidential information directly or do not over-emphasize the thing that is very crucial to you. Doing so will let the other party know your weakness and can put you in a difficult situation.
4. The solutions that you have should be practical. Impractical and vague solutions should not be given.
5. Do not use legal terminologies.
6. Remember that, in a negotiation, you are not sitting to make or prove a point. Be conservative.
7. The solutions that you give must be Specific, Measurable, Achievable, Relevant and Time-Bound
8. Never read out from a paper in a negotiation.
9. If you are the victim in any negotiation, you can use a great deal of characterization. That is, you can express all forms of expressions through words. Saddened, anxious, stressed, traumatized, panic-stricken, and so on. Doing so will help you give greater justification for the compensation you demand.
10. Read your general information 5-6 times. Look for keywords in it and see how use can use the background information in your favour. Try to use the facts in your conversation.
Always understand that the purpose of a negotiation is to seek a better deal for your client. So, if your opposing asks you for even something that you are allowed to give- do not give it away immediately. Seek explanations. Why do you ask for it? What will be the monetary value of it? Why do you ask for 2? Will one not suffice?
Always portray your effective hearing skills.
When you apologize - also show empathy.
DO NOT LET enter you by the end of negotiation.
Framing questions:
HERE ARE SOME PRE-FRAMED STATEMENTS/QUESTIONS THAT WOULD HELP IN A SWIFT NEGOTIATION
At this point in time, I am comfortable giving you the said amount/number/proposal but maybe we could make some changes in later negotiations.
Is there a priority order for your demands?
Do you need this amount immediately? Would you mind if we paid you this over a period of time in installments/batches?
Is there a reason why you demand compensation as high as 7 crore? Could you possibly give me a breakup of your demands?
How does your client feel she could be compensated fairly?
What do you feel about our losses? Are you considerate that we have also faced heavy losses?
The rights we have on the formula are something that we are not ready to let go/of or do not wish to further negotiate upon but we could possibly negotiate the monetary compensation?
What were the series of events that led to the problem we are facing today? What were the actions taken after this thing happened?
Is it okay if we would pay the sum that you have asked for in installments over 1 year?
What are your expectations from today's session?
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