• Integrative Negotiation:

Negotiating parties attempt to reach a mutually

beneficial solution.
• Distributive Negotiation:
One person succeeds only if another person loses.
Types of • Team Negotiation :

Negotiation : one person.

The negotiating parties are made up of more than

• Multiparty Negotiation
A multiparty negotiation is a type of bargaining
Where more than two parties negotiate toward an agreement.
 • Competitive Negotiators :

They are highly results-driven, focussed and assertive,

and they can often become aggressive. They thrive in a
negotiation situation as they enjoy the opportunity to win.
Competitive negotiators have a strategic mind, so they don't tend
to get phased by their opposition.
Types of
Negotiators : • Cooperative Negotiators :

They are particular type of negotiations where agents

cooperate and collaborate to achieve a common objective, in the
best interest of system as whole. In cooperative negotiation, each
agent has a particular point of view of the problem
BASIS OF COMPARISON Negotiation Mediation

Meaning Negotiation is a method of dispute Mediation is also a method of dispute

resolution in which parties settle their resolution in which an independent third
conflict and reach an agreement through party assists the parties to conflict in
discussion. resolving their disputes.

Intervention Of third Party No Yes

Meeting Representatives of the parties to conflict A mediator meets both parties jointly and
meet to discuss their interests and rights. separately, to talk about the issue.

Representation of Interest By the parties themselves or by their By the mediator

representatives.

Settlement Parties themselves reach an agreement. The mediator proposes a solution, to

resolve the issues of the parties
concerned.

Outcome Depends on the relationship between the Controlled by the parties concerned
group.
Current Jurisprudence on Mediation:

From Lord Krishna mediating between Kauravas and Pandavas in the

Mahabharata, to family elders resolving domestic issues, there exists a strong culture of mediation
in India.
With the passage of time, there are certain statutes which provide for mediation
as a mode of settlement of disputes between the parties. Such statutes comprise of, but not
limited to the following:

• Section 4 of the Industrial Disputes Act, 1947

• Section 89 read with Order X Rule 1A of the Code of Civil Procedure, 1908
• Order XXXIIA of CPC
• Legal Services Authority Act, 1987 read with Section 89 of CPC
• Section 442 of the Companies Act, 2013 read with the Companies (Mediation and Conciliation)
Rules, 2016
Judicial Precedents related to Mediation :

Salem Bar Association v. Union of India

In this matter, Writ Petitions were filed challenging the Amendments made
to the Code of Civil Procedure by way of Amendment 46 of 1999 and Amendment 22
of 2002.

The Hon’ble Supreme Court opined the need to promote Alternate Dispute
Resolution. It therefore, considered Section 89 to be a welcome step. It was therefore
suggested by the Hon'ble Supreme Court, that a Committee be constituted so as to
ensure that the amendments made to the Code of Civil Procedure become effective
and result in quicker dispensation of justice.