SIMULATION EXERCISE ON NEGOTIATION -1

Ravi is a property developer and takes land from owners and constructs buildings with his
own funds, on an agreement of having the built-up area of the finally constructed building towards
his share. Ravi has taken a land admeasuring 4000 Sq.yards for development from Bhargav, who
claims that he became the owner of the land by way of inheritance from his father, as the only son.
In June, 2022 they entered into development agreement that the final built-up area would be shared
in the ratio of (50:50) i.e., 50% to Bhargav as Owner, and 50% to Ravi as Developer, and that all the
Flats that would be constructed in the buildings would be sold to buyers and the amounts received
from the buyers would be shared equally between them.

All the permissions for construction of (2) two towers/buildings in the land, and each building
would be having a Cellar and 20 floors. Ravi started the construction and the entire RCC structure
for the buildings was completed by spending huge amount of money till October 2022. There are 10
Flats on every floor of each building/tower i.e., a total of 200 Flats in each of the Towers/Buildings,
and the cellars, open space are allocated for parking. All 400 Flats in both Towers/Buildings have
been booked by the month of November 2022 on monthly installment basis, and Ravi has taken huge
advance amounts from buyers, and invested some of the amount in construction of Building, on an
agreement that possession of completed Flats would be given to buyers in October, 2023.

In the month of December 2022, Ravi was totally surprised to receive Legal Notice from one
Shyamala, claiming share in the land, and demanding for partition as the sister of Bhargav. The Legal
Notice was also addressed to Bhargav. Immediately, Ravi contacted Bhargav to know about the truth
in the Legal Notice, and Bhargav agreed that Shyamala is his younger sister. But Bhargav said that
he had performed the marriage of Shyamala by spending lot of money, and given gold, diamond
jewellery to her, and also gifted a property at Secunderabad (land of 2000 Sq.yards) to her, as such,
she cannot be given any share in the property of their late father.

Ravi wanted to resolve the matter as early as possible by having a discussing with Shyamala.
So, on 15-12-2022, Ravi along with Bhargav had a meeting with Shyamala who came along with her
husband Vikrant. During the discussion, Bhargav totally denied giving any share to Shyamala and
also abused/scolded Vikrant in dirty language saying that it is very bad on his part to expect share in
property of his late father- in-law, on which, Vikrant replied that is very wrong for Bhargav to take
the entire property by denying the share of his sister, Shyamala. In the heat of the argument, in a fit
of rage, Bhargav slapped Vikrant, due to which, the meeting ended abruptly and Shyamala left
threatening to file a case in Court and take steps for stopping the construction and sale of the flats.

Ravi does not want the dispute to escalate, and he would suffer huge loss if the construction
work and sale of flats is stopped, and also, he would have to pay huge penalty to the buyers, if there
is delay in delivery of the Flats. Ravi would not benefit from initiating criminal prosecution against
Bhargav for not disclosing about Shyamala, but if he does not find amicable solution, he will do it as
last resort. Ravi had a discussion with Bhargav, and also informed him that he will take criminal
action against him if the dispute is not resolved amicably, on which, Bhargav disclosed that he does
not have any other properties, and authorized Ravi to negotiate on his behalf with Shyamala, with
full discretion. However, Bhargav has made it clear that he cannot give more than 10% of built-up
area from his share to Shyamala; and also Ravi has to at least get 40% in built-up area, otherwise he
would suffer huge loss.

Shyamala is very angry with Bhargav for ill-treating Vikrant, and is ready to give police
complaint against Bhargav. Shyamala wants her share in the property as per law. Ravi with great
difficulty has again fixed a meeting with Shyamala for negotiating about the dispute. The meeting
for negotiation is fixed on 28-01-2023 at 02:00 PM.
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Use the Principled Negotiation Method in resolution the dispute.
 WORK‐SHEET FOR SIMULATION EXERCISE
 
Strengths & Weaknesses Positions of Interests of BATNA of














Strengths & Weaknesses Positions of Interests of BATNA of