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A term paper on mediation
Evaluating mediation
Negotiation process
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corporate disputes in Mauritius.
Table of content
Chapter1
• Corporate conflict
• Different types of disputes that may arise in the corporate sector.
• Negotiation
• Characteristics of negotiating
• Negotiation in the corporate sector
• Historical practice of mediation.
• Mediation in Mauritius.
Chapter2
• How Negotiation can solve corporate conflict.
• Conflicts within a company
• Negotiating Price
• The Power of Emotion
• Forming Relationships
• HOW FAR IS NEGOTIATION LIABLE TO SOLVE CORPORATE DISPUTE?
• Letters Of Intent
• Distinguishing Between the Deal and the Relationship
• Learning to Walk Away from a Deal
Chapter3
• Mediation as a way to resolve dispute
• Breach of contract
• Business to business disagreements
• How SMEs can handle
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It will basically analyse how Mauritian companies would profit by corporate negotiation and corporate mediation . The exposition will break down certain particular issues that organisations in Mauritius face and how negotiation and mediation can go to an organisation's offer assistance. Upon this point by point proposals, changes and recommendations will be given.
In Mauritius we have the 'MARC Mediation' which can be utilised by any organisation, government, state element, universal association or person. It is not important to be a MCCI part or to have whatever other connection with MCCI. MARC Mediations are managed by the MARC Permanent Secretariat in accordance with the MARC Mediation Rules. The Center is the main body enabled to direct procedures under those
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The fact that Mauritius has a majority of small and medium companies also leads us to think towards the additional cost that a company would have to face in a legal court action. Also a legal court action would not fit in the budget of all our Mauritian small and medium companies. Apart from threat of having to lose for example a trading partner or to a greater extent a company’s goodwill or reputation; this may lead to the need for corporate bodies having to seek for a more peaceful way for settling their
Lewicki, J. R., Barry, B., & Saunders, M. D. (2010). Negotiation: Readings, exercises and cases
This company has been engaged in unscrupulous undertakings that have resulted in innumerable lawsuits against the company. In many countries,
Fisher, Roger, William Ury, and Bruce Patton. Getting to yes: negotiating agreement without giving in. 2nd ed. New York, N.Y.: Penguin Books, 1991. Print.
Lewicki, R. J., Saunders, D. M., & Barry, B. (2005). Negotiation, Fifth Ed. New York, NY: McGraw-Hill Irwin.
Lewicki, J. R., Barry, B., & Saunders, M. D. (2011). Essentials of negotiation (5th ed.). New York, NY: McGraw Hill. ISBN-13: 9780073530369
Lewicki, R., Saunders, D.M., Barry B., (2010) Negotiation: Readings, Exercises, and Cases. 6th Ed. McGraw-Hill Irwin. New York, NY
Brubaker B. and Asher M., (2007). A Power Play for Juwan Howard. Lewicki-Barry-Saunders: Negotiation: Readings, Exercises, and Cases, Fifth Edition. The McGraw-Hill Companies, 2007
Doctor William Ury is a first class negotiator and mediator. Coauthor of Getting to Yes, he is globally recognized and praised for his acuity and perspectives. He has been involved in negotiations and mediations not only in the US, but also in many places such as Venezuela (with President Hugo Chavez), Chechnya, Russia and Indonesia. He is the co-founder of Harvard’s Program on Negotiation and is a Distinguished Senior Fellow of the Harvard Negotiation Project, which is a highly influent actor in the negotiation realm. In terms of education, he has a Bachelor of Art from Yale and a Doctorate of Philosophy from Harvard, both in social anthropology. He has conducted research on negotiation in the US and abroad. Thus, his background and experience allows him to support his arguments with personal case studies gathered during his research and from his own ne...
Lewicki, R. J., Saunders, D. M., & Barry, B. (2010). Negotiation Readings, Exercises and Cases (6th ed.). New York, NY, US: McGraw-Hill.
Most of the common activities in our daily life present an opportunity to negotiate, whether or not we realise it. Meta-reflecting upon my negotiation experiences during the class and other activities have led me to identify few common themes. In this assignment, the two themes I will be discussing are (1) the importance of being clear on the strategic intent and big picture thinking, and (2) the importance of managing the negotiation process through understanding the various phases and visualising negotiation as a train journey.
According to Corporation Act 2001 s124(1), it illustrates that ‘’A company has the legal capacity and powers of an individual both in and outside the jurisdiction” . As it were, company as a legal individual must be freely with all its capital contribution shall embrace liability for its legal actions and obligations of the company’s shareholders is limited to its investment to the company. This ‘separate legal entity’ principle was established in the case of Salomon v Salomon & Co Ltd [1987] as company was held to have conducted the business as a legal person and separate from its members. It demonstrated that the debt of company is belonged to the company but not to the shareholders. Shareholders have only right to participate in managing but not in sharing the company property. Besides ,the Macaura v Northern Assurance Co Ltd [1925] demonstrates that the distinction between the shareholders and company assets. It means that even Mr Macaura owned almost all the shares in the company, he had no insurable interest in the company’s asset. The other recent case is the Lee v Lee’s Air Farming Ltd [1961] which illustrates that the distinct legal entities between employee ad director allows Mr.Lee function in dual capacities. It resulted that the corporation can contract with the controlling member of the corporation.
Lewicki, J. R., Barry, B., & Saunders, M. D. (2006). Negotiation: Readings, Exercises and Cases (5th ed.). New York: McGraw Hill.
Negotiation has been used as a vital communication tool not only in business but also in social intercourse. It helps people make common agreement and avoid conflict. So we need to use the tactics which we learned from this course and books to do more practice, only in this way we can gain advantages in negotiation.
Negotiations always occur between parties who believe that some benefit may come of purposeful discussion. The parties to a negotiation usually share an intention to reach an agreement. This is the touchstone to which any thinking of negotiations must refer. While there may be some reason to view negotiations as attempts by each party to get the better of the other, this particular type of adversarial negotiation is really just one of the options available. Among the beginning principles of a negotiation must be an acknowledgment that the parties to a negotiation have both individual and group interests that are partially shared and partially in conflict, though the parameters and proportions of these agreements and disagreements will never be thoroughly known; this acknowledgment identifies both the reason and the essential subject matter for reflection on a wide range of issues relevant to a negotiation. (Gregory Tropea, November 1996)
Mediation is a way to solve a dispute without having to resort to court procedure which sometimes could turned out to be rigid, formal and time consuming especially when it needed a lot of paperwork and the possibility of adjournment which could consume years. Besides that, unlike in court, mediator as a third impartial party did not acted as a judge who decides on the resolution however, the mediator will help the parties to explore the needs and issue which before preventing them from achieving a mutual resolution and settlement. The mediation process gave the authority towards the parties to agree with each other and open up the chance for the parties to meet with a resolution at the end of the mediation session.