SPECIMEN 1

NEGOTIATION PLAN

FOR THE RESPONDING PARTY

NEED AND INTERESTS:

 To enable Jaya to divorce Raj and negotiate the terms and conditions of such a divorce
while simultaneously ensuring that the custody of Vishaka is given to no one but Jaya.
 To formulate an effective strategy to convince the opposite party to give the custody of
Vishaka exclusively to Jaya in light of poor parenting by Raj and his various addictions
which are at the risk of relapsing.
 To formulate a satisfactorily structured scheme of payment of maintenance for Vishaka
and compensation for therapy and counselling to deal with the trauma caused to Jaya and
Vishaka due to his aggressive and disrespectful behaviour resulting from his alcoholism.

STRATEGIC STRONG POINTS:

 Vishaka is extremely attached to Jaya as she was her only emotional and financial
support system during her formative years.
 Jaya took great care of Vishaka. Raj couldn’t care less about whether they were present
or not and treated them disrespectfully. He behaved irresponsibly by over indulging in
alcohol and gambling. His addictions also landed him in financial debt.
 Raj was extremely aggressive and disrespectful to Jaya and Vishaka due to his
alcoholism. This severely affected their mental health, especially Vishaka, as it was quite
traumatic for a child to go through what she did.
 Raj made no attempt to bring his wife and daughter that he now back home after they
started living separately.
 Raj’s claim of being influenced by his new and upcoming show “Let us go back Home”
is unfounded and is hard to verify. In a competitive industry like Filmistan, it is very
likely that Raj wants to get back with his wife and daughter as a means to promote and
publicize his show and improve his public image.
 Jaya has written many books that are considered to be one of the most influential and
intellectual works of the 21st century. It is unlikely that a woman of such a stature will
remain without a job for long.

STRATEGIC WEAK POINTS:

  Jaya is not the birth mother of Vishaka and does not possess the legal right to have
custody of Raj’s child.
 Jaya is currently supported by her parents and is also struggling to find a job, however,
Raj has re-gained his financial stability.

GOALS AND OBJECTIVES:

 To establish the grounds for which Jaya wants a divorce from Raj and file and application
for the same.
 To insist on the payment of money in full and via bank transfer by the 10 th of every
month for the maintenance of Vishaka.
 To plan a Schedule which mentions when Raj may visit his daughter at Jaya’s house.
 To insist on the payment of money for the purposes of therapy and counselling for Jaya
and Vishaka, directly to the bank account of the therapist, as when a consultation is
completed.

VIABLE / CONCILIATORY OPTIONS:

 To accommodate the interests of both parties by compromising on the estimated value for
the maintenance of Vishaka.
 Structure the Schedule in a manner that allows Vishaka to go out with her father for fun
activities, provided such activities last for not more than a day.

BATNA:

 Judicial Separation of Raj and Jaya, where Jaya has the custody of Vishaka.
 Raj will be responsible to manage the expenses of Vishaka fully until Jaya finds a job.
After Jaya finds a job, Vishaka’s expenses will be shared by Jaya and Raj, the proportion
of which can be negotiated.

WATNA: Judicial separation of Raj and Vishaka, where Raj has the custody of Vishaka.

 Raj pay for maintenance of Vishaka only if Jaya agrees to hand over custody of Vishaka
to him.
 FOR THE REQUESTING PARTY

NEEDS AND INTERESTS:

 To convince Jaya to not file for divorce against Raj as it is also vital for the child,
Vishaka to have a father figure in her life.

 To ensure that the family does not get separated and to fix the marriage and
relationship between the parties.
 To ensure the safety and financial security of Vishaka and Jaya as Jaya is currently in no
position to support herself and Vishaka on her own and is dependent on her parents.
STRATEGIC STRONG POINTS:

 Raj is a well-established and famous actor in Indasia, who is very well known for being
a very family-oriented man.

 Since Raj has made a comeback into Filmistan with his projects such as “Addiction” and
“Let us go back home” is financially strong and can take good care of both, Vishaka and
Jaya, and provide them with all necessities along with luxuries too.

 Raj was stuck various problems that were not within his control and as a result, he had
a slump in his career. However, Raj has completely recovered from his addiction and
has received professional help and therapy for the same and is highly unlikely to
relapse into such habits.

 Raj is the biological parent of Vishaka and has a legal right to have the custody of
Vishaka as laws in the country are silent about custody being given to a step-parent
and various judicial pronouncements that are against custody being given to a step-
parent.

 Raj has stayed loyal throughout to his wife and has not been an infidel.

 Raj is trying to show to the public the ill effects of alcoholism and other bad habits
through his web series addiction and the importance of family by means of his project
 “Let us go back home”.

 Raj is putting in a lot of efforts for redemption and trying hard to fix his marriage and
relationship with Jaya and Vishaka.
STRATEGIC WEAK POINTS:

 Raj might have a very busy schedule considering the new offers received by him by the
film industry and might not be physically present at all times for the family.

 Raj can be accused of pulling a publicity stunt just to redeem his image in the public
forum.

 Jaya and Vishaka’s image of Raj might have been affected due to the 2019 situation
when he had a bad phase.

 Raj made no efforts to being back or ask Jaya and Vishaka to come back home.
GOALS AND OBJECTIVES OF THE NEGOTIATION:
 To fix the marriage by taking couples and/or family counselling sessions.
 To convince Jaya that Raj is a changed man and to redeem himself.
 To ensure the financial safety and security of Vishaka and Jaya and to ensure that his
child gets all the facilities and luxuries he can provide.
BATNA:
 Judicial separation and sole custody of Vishaka with the allowance of visitation rights to
Jaya.
 To pay maintenance for Jaya’s well-being until when she is financially stable and is able
to sustain herself.
WATNA:
 Judicial separation and payment of maintenance for Vishaka and Jaya until when Jaya is
financially stable.

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