States the steps in negotiation process. Elaborate the difference and similarity of litigation and arbitration.


People never plan to fail, but they frequently fail to plan. This is a reasonable and sensible maxim which has dogged lot commerce owners since time immemorial. It’s the primary purpose why so a lot intrepid businesses fail so miserably, regardless the ambitious whether not heroic exertions of their proud owners. A grand notion had illuminated their hopes and they thought or assumed they couldn’t fail. They crashed into a stark existence as shortly as their ledgers bled the color red, and consequently, the life of their commerce itself. They malfunctioned because they didn’t plan.

To illuminate your way to the negotiating desk, here are the 8 golden steps, which shall steer your way in planning your approach.

  1. 1.      Prepare: Do your research ahead of time to so that you know your opponent and you know what you want from the negotiation.

  1. 2.      Open: Let the other side knows what you want and let them tell you what they want.

  1. 3.      Argue: Back-up your case with evidence and uncover defects in their argument.

  1. 4.      Explore: Search for common ground and agreeable outcomes.

  1. 5.      Signal: Show that you are ready to reach an agreement.

  1. 6.      Package: Put together different acceptable options for both parties.

  1. 7.      Close: Come to an agreement and finalize the negotiation.

  1. 8.      Sustain: Ensure that their side, and yours, follows through with the negotiated agreement. In practice, these steps will not be followed exactly. You may get stuck on one step, or go back to another. Starting off with a definite plan of attack gives the upper hand and confidence that you would not otherwise have had.[1]

 Successful Negotiating Tips

  • Show respect and understand the other person’s values and beliefs
  • Recognize and define the problem
  • Look for different possible solutions
  • Be reliable
  • Communicate properly

Negotiating effectively is an art that arrives with time and by performing all the above. Be patient; not ever be in rush to explain a problem. Understanding the other person will help you to approach the problem better.

Goal of Negotiation

The objective of dialogue should be such that at the end, no matter what the result or result, it is beneficial for all and all draws close out as a winner. In a winning dialogue, there is no ‘I’ or ‘You’; there’s only ‘We’. That’s the principle motto of a winning dialogue strategy. It is often observed that ‘losers’ will perpetually a go to resist and retaliate in resistance to the ‘winners’. This is where the ‘ego’ moves into and troubles start.


This is filling a fake lawsuit to destroy another company’s reputation. In other words, it is like filing a covering against the contestant, which is not right. By the time that they want to prove that their allegation is incorrect, the impairment is done so there reputation is gone. Reputation is very noteworthy as it is come seal the company’s image. In the western world, the covering may terminal six months to one year. In Bangladesh, the cases go on for years. By the time contenders win, they are already wrapped higher and out of the market. Litigation is the process of taking a covering through court. The litigation or lawful process is bulk regular in civil lawsuits. In litigation, there is a plaintiff (one any person who brings the charge) and a defendant.[2]To bring a claim is to file a assignment against someone and bring a covering to court.

A lawful retain or litigation retain is an conduct by a business to preserve records and electronic learning relevant to a lawsuit or central social family members investigation. This thought is also referred to as a “record retain, record retain, knowledge retain, disposition retain, litigation retain, regulatory retain, retain lead, audit retain or preservation order.[3]

The legal hold requirement means taking steps to prevent spoliation, destruction or alteration of any potential evidence, including:

  • Identifying all essential players and ensuring preservation of electronic and paper records.
  • Preserving and discontinuing the deletion of itemizing of earlier personnel that are in your possession, custody or control; and
  • Preserving back-up tapes that are the sole lineage of relevant learning or relate to essential players, if not otherwise obtainable from readily obtainable sources.

Compliance may want positioning in location storage webs with a litigation retain attributes which can be costly.

The Role of the Litigation Attorney

Litigation attorneys, also known as “litigators” or “trial lawyers,” pose plaintiffs and defendants in civil cases and do all stages of the litigation process from analysis, pleadings and innovation to pre-trial, experiment, settlement and appeal.

Below is an overview of the varied projects litigation attorneys tackle during the course of litigation.

  • Initial Case Investigation
  • Trial
  • Settlement
  • Appeal


Arbitration is a form of alternative argue conclusion within which everybody parties within a argue submit their allegations towards a third-party arbitrator for a decision. It is ordinarily regarded as less priceless and faster than declaring a argue within court. Depending onto the conditions, taking a argue towards arbitration may be mandatory or voluntary, and the arbitrator’s decision could be either attaching or non-binding.


An arbitration process generally moves faster than a lawsuit could maneuver through a court system, and is less formal, requiring less time from attorneys. The parties to a highly very complex or practical quarrel can shop for an arbitrator who has considerable learning in the paddock involved. Arbitrators can draw close from any field: They are not demanded to have a justice degree. Arbitration proceedings can be held in confidential, and determinations can be kept confidential. Arbitration results can be easier to enforce internationally than a court’s decision, thanks to the United Nations-sponsored.[4]


Controversies have arisen through mandatory arbitration provisions in credit card and employment contracts that prevent consumers and personnel from taking their cases to court.

While arbitration proceedings are potentially smaller diagram expensive than standard lawful proceedings, the expense of hiring an arbitrator can weigh on parties any person who are fascinated in small monetary objections or have a limited talent to pay. It is difficult to overturn an evil-minded judgment; even if the arbitrator’s good sense was demonstrably faulty. Arbitrators can scarcity the attainment of righteousness if they depend for a many portion of their finance on businesses any person who commonly hire them to perceive cases.

 Similarity and Difference between Arbitration & Litigation

 Litigation in any court is going to be more costly than litigation in any arbitral forum. This is because, different enclosures, which permit liberal pre-trial breakthrough, most arbitrators are disinclined to permit breakthrough after exchange of articles and possibly some answers to in writing questions. Depositions, generally the most costly pattern of breakthrough, are disappointed in arbitration. However, counting upon which arbitral forum you select and who the arbitrators are you may find that much of the breakthrough and shift perform that inhere in court situations will furthermore be present, albeit to a lesser stage, in the arbitral forum.[5]When the inquiry alterations to pace and effectiveness, although, the response is less clear. Again, generally an arbitration forum will get you to the tenacity stage more punctually than most courts.

A referee who asserts on attaching with his agenda will make the parties to the line on the topic of timing. An arbitrator or assembly of arbitrators, although, is probable to be more accommodating. So, a party who desires to pull out an arbitration advancing will generally have an simpler time managing that. On the other hand, some referees are not as insistent upon sustaining a time agenda and some enclosures have long backlogs. In these examples, it would generally take longer, possibly much longer, to get to test in a court forum than in an arbitral forum. The inquiry of which advancing is more effective counts mostly on who the referee is and who the arbitrators are and how insistent they are upon setting up a agenda and attaching to it.


  • Expense: As everyone with understanding with the court procedure recognizes, litigation has become very expensive. The propounding of and replying to interrogatories and written material appeals and the taking of depositions can promptly manufacture up thousands, tens of thousands and even hundreds of thousands of dollars in expenses. This is mostly so where the innovation appeals are argued, as they regularly are.


  • Speed to Trial: The subject of whether the arbitration forum is overseen to receive the load deduced sooner is more problematic than the charge issue. There is a wide disparity between time from illness to test among the various courts and even on the same court where the practices of the judges of that court vary from one to the other.


  • Most Efficient Resolution: With award to efficiency, which merges the distributes of charge and the measure of time and action fascinated in achieving resolution, it is more probable in bulk instances that arbitration will be more efficient. As gestured above, it tends to retain down the measure of time and action paid out on various types of research and motion practice. On the other hand, judges sometimes exercise tight calm through the                 timing and measure of proceedings in the past them. The couple bulk republican out-of-court choices — arbitration and mediation — offer parties the probable to deduce objections quicker, in numerous cases at a smaller charge, and confidentially.

Unlike litigation, which can take years, arbitration and mediations broadly articulating can be finished in days or weeks.

Arbitration — a legally adhesive bandage process in which the parties hire a neutral arbitrator to perceive rudimentary evidence in the covering and render a judgment that cannot be appealed — has enhanced in popularity in recent years. However, numerous consider the drawbacks to arbitration have enhanced as well.

“One of the ills come seal arbitrations these days is that it has become pretty expensive,” said John A.[6]“If you sanction full-blown research in an arbitration, heck, it can end higher costing as much as litigation. A lot of people then think you have the disadvantages of both: the lack of appeal and the time and expense.”[7]

An area of particular concern for some legal experts is the growing trend of companies putting arbitration clauses in contracts that are imposed on less powerful entities on a take-it-or leave-it basis.

 Other Considerations

Your expected witnesses may dictate the pick of a court forum. Courts have the vitality of subpoena as well as the vitality to inflict their subpoenas if they are not fulfilled (usually by distributing a bench be labeled to for the detain of the subpoenaed person). Arbitrators commonly have the vitality to subject subpoenas but perhaps do not have much command to behind higher the subpoenas if they are not obeyed.


Arbitration VS Litigation

Item Arbitration Litigation
  Private – between the two parties Public – in a courtroom
Type of Proceeding Civil – private Civil and criminal
Evidence allowed Limited evidentiary process Rules of evidence allowed
How arbitrator/judge selected Parties select arbitrator Court appoints judge – parties have limited input
Formality Informal Formal
Appeal available Usually binding; no appeal possible Appeal possible
Use of attorneys At discretion of parties; limited Extensive use of attorneys
Waiting time for case to be heard As soon as arbitrator selected; short Must wait for case to be scheduled; long
Costs Fee for arbitrator, attorneys Court costs, attorney fees; costly



Litigation starts with one party, the plaintiff, filing a accusation contrary to another, alleging that some lawful incorrect has appeared for which monetary reimbursement or equitable respite is sought.  The other party, the defendant, should reply in composing to the accusation and may furthermore assertion it has endured a wrong. Arbitration is alike to litigation, except that it is usually is a shorter method with less breakthrough and less motions.  The parties choose the arbitrator or arbitrators, whereas contractual arbitration clauses occasionally. The parties choose the arbitrator or arbitrators, whereas contractual arbitration clauses occasionally permit the arbitration.


align=”left” size=”1″ />

[1] Eight-steps-to-a-successful-negotiation

[2] one against whom the assignment is brought

[3] (Source: Legal

[4] New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

[5] counting upon which arbitral forum you select and who the arbitrators are you may find that much of the breakthrough and shift perform that inhere in court situations will furthermore be present, albeit to a lesser stage, in the arbitral forum.

[6] “One of the ills come seal arbitrations these days is that it has become pretty expensive,” said John A.

[7] Sherrill, a litigator and arbitrator with the law firm of Seyfarth Shaw LLP.