In Conversation with Dr Mohd. Salim, Director, Llyod Law College | S.K. Misra International Mediation And Negotiation Competition

The second edition of S.K. Misra International Mediation And Negotiation Competition has received a phenomenal response with 440+ registrations from law schools all over the world. Would you please share with us the story behind this novel idea of a Mediation & Negotiation competition?

After the grand success of its first edition, Lloyd Law College has organised its 2nd edition of S.K. Misra Memorial International Mediation and Negotiation Competition 2021 powered by BW Legal World and Trust Legal (Advocates & Consultants). This time the competition is going global with Law students from all across the world. 

Mediation has gained wide popularity in recent time and has been increasingly adopted as the preferable mode of Dispute Resolution. technological advancement and its wide applicability have brought the legal world to explore all the possible aspects. The objective of this competition is to promote the use of Mediation among young generations of professional with a mindset equipped to effectively resolve disputes. This educational event will seek to encourage the effective use of Mediation and facilitate the open exchange of ideas, experience and know-how between students of different universities, cultures, generations and backgrounds.

What are your expectations from students participating in the competition? What would be the 3 key points you'd like the participants to be mindful of?

Our expectations from students participating in the competition:-

• Expressing the interest of the client.
• Communication skills.
• Teamwork.
• Building a cordial relationship.
• Using the Mediator.
• Settlement reached.
• Professional Conduct.
• Time Management.

The 3 key points we'd like the participants to be mindful of:-

• After, the opening statements are over, start with the negotiation. In case you need to communicate with your teammate, pre-decide some gesture by which he understands. Always remember, that it is not mandatory for the parties to reach a 100% settlement.
• As a mediator, you need to take the parties into confidence and also have to make them feel comfortable so that they open up more.
• One last thing but the most important is that please keep a note of time. Time management is very important.

Mediation has gained wide popularity in recent times and has been increasingly adopted as the preferred mode of dispute resolution. What are the skills and qualities that will help students to master the art of meditation?

The skills and qualities that will help students to master the art of meditation:-

ALERTNESS

The mediator must be alert on several levels while mediating. He must concentrate on the information being provided by the source and be constantly evaluating the information for both value and veracity, accompanying body language to assess the party’s truthfulness, degree of cooperation, and current mood. He needs to know when to give the party a break and when to press the party harder.

PATIENCE AND TACT

The Mediator must have patience and tact in creating and maintaining rapport between himself and the party, thereby enhancing the success of the process. Displaying impatience may:

Encourage a difficult party to think that if he remains unresponsive for a little longer, the process will end.

Cause the party to lose respect for the Mediator, thereby reducing the Mediator’s effectiveness.

OBJECTIVITY AND SELF-CONTROL

The Mediator must also be totally objective in evaluating the information obtained. The mediator must maintain an objective and dispassionate attitude regardless of the emotional reactions he may actually experience or simulate during a questioning session. Without objectivity, he may unconsciously distort the information acquired. He may also be unable to vary his questioning and approach techniques effectively. He must have exceptional self-control to avoid displays of genuine anger, irritation, sympathy, or weariness that may cause him to lose the initiative during questioning but be able to fake any of these emotions as necessary. He must not be emotionally involved with any party.

PERSEVERANCE

The tenacity of purpose can be the difference between a Mediator who is merely good and one who is superior. A Mediator who becomes easily discouraged by opposition, non-cooperation, or other difficulties will not aggressively pursue the matter to a successful conclusion or exploit leads to other valuable information.

INITIATIVE

Achieving and maintaining the initiative are essential to a successful questioning session just as the offensive is the key to success in combat operations. The Mediator must grasp the initiative and maintain it throughout all questioning phases. This does not mean he has to dominate the party physically; rather, it means that the Mediator knows his requirements and continues to direct the collection toward those requirements.

Help us decode the skillset of a successful Negotiator?

The ability to negotiate is a valuable asset hard to achieve by local efforts. Such deep developed thinking and critical aptitude and effective communication meddling with facts can only be earned by diving in the ‘zone’ of learning in this throat-cut environment. Although some of the most important requirements for leading the process can be in this manner:

STRATEGY AND TACTICS

(a) Negotiation Tactics

(b) Persuasion Tactics

*Adopting the art of persuasion

(c) Information, Place and Power Factors

The Model of “Negotiation in nine steps”

(a) Beginning the process

(b) Start from where you are

(c) Recognize patterns

(d) Component Three: Follow the Rules

(e) Listening with four ears

(f) Plan Strategy

(g) Anticipate Tactics

(h) Communicate through signal

(i) Component Nine: Affirm Timeless Values

Negotiations also develop a deeper level of understanding of the actual law involved in the conflict and introduce students to a set of life skills, which can be employed in countless business and personal situations. It describes effective negotiations as the coalescence of two forces. One force is focused upon a disciplined toughness, a determined will and a skillset that permits the negotiator to assess the situation and to outthink the adversary. The two forces are focused on the timeless values of integrity, civility, loyalty, truthfulness, and compassion. Together these forces illustrate the dynamic tension that exists between the ethical force of professionalism.