ROLE OF NEGOTIATOR

Utkarsh kumar shah

Negotiation is an alternative dispute settlement method which aims for out of court
settlement of disputes and differences between the parties by method of discussion
without involving much of legal intricacies.
In process of negotiation a mutual conclusion is achieved by giving up certain
rights by both the parties and accepting less than actual claim which can be made,
negotiation provides faster and cost effective outcome compared to a legal
proceeding in a court which is generally time consuming. When parties at dispute
opt for litigation, one party is bound to lose and other to win but in negotiation
both the parties can get a profitable outcome without causing much loss to anyone.
In process of negotiation most important role is played by negotiator, negotiator is
the person who represents the parties in disputes. Negotiators are generally lawyers
or person with legal background.
During the process of negotiation, a negotiator representing his client act as final
authority for opposite party in respect to take any decision or make any offer for
ongoing dispute therefore we can say that a negotiator is most important person
with highest degree of responsibility in any negotiation process.
A negotiator should have following qualities to execute a successful negotiation
process in order to provide maximum benefit to his client:
A. Spokesperson for the entire Negotiation Team
Negotiator is supposed to represent the entire negotiation team of a party to negotiation;
he should hold a strong position and authority and should be very clear and precise
about the requirement and demands of his own team.
B. Decision-maker for the Negotiation Team at the negotiations table
Decision made by a negotiator are final and is considered to be of final authority
therefore a Negotiator should have sound knowledge about the objectives and aims of
his client while representing client and a team in a negotiation room which will help him
in providing a efficient outcome of negotiation.

C. Agenda discussion before the negotiation sessions

It is duty of negotiator that he should conduct discussion with his client and other
members of his negotiation team which shall help him and other persons to understand
and perceive the approach and technique to achieve favorable outcome from process of
negotiation.
D. Resolve all issues within his/her scope of authority
Negotiator is vested with supreme authority to make decisions and act on behlf of party
he/she is representing therefore it is duty of negotiator to resolve all the conflicts and
doubts with opposite party which shall ensure that same issue will not arise again in
future creating any other dispute.
E. Clearly put forth demands and expectation of his client
In a negotiation process, negotiator is supposed to clearly state the expectation and
goals of client during the process of negotiation and he should not deviate from his
objective of negotiation.
F. Not to make any secret profit and avoid conflict of interest.
Negotiator is trusted with responsibility of providing lawful outcome without involving
court of law, he should avoid any kind of conflict of interest and secret profit in course of
his duty. And the relief provided by this dispute resolution method should have legal
value.
G. Execution of outcome negotiation
Whatever may be the outcome of negotiation process it is duty of negotiator to ensure
enforceability of outcome in a legal manner without violating any provision of law.
By above analysis we can conclude that negotiator is most important person in process
of negotiation whose action and conduct influence the process of negotiation, therefore
he has duty to observe highest degree of precaution and diligence while exercising his
power to in order to fulfill his duty.