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E-Negotiation: Emerging Trends in ADR

  • Conference paper
  • First Online:
Information and Communication Technology for Intelligent Systems (ICTIS 2017) - Volume 2 ( ICTIS 2017)

Part of the book series: Smart Innovation, Systems and Technologies ((SIST,volume 84))

  • 2010 Accesses

Abstract

Negotiation is an unconsciously has become a part of our life and we don’t even realize in our life that when we start negotiating. It starts from our childhood to adolescents from a chocolate to bike for getting good marks in the examination. But besides this we never realize that sometimes this acumen can help us becoming one of the successful negotiators in our professional life. Earlier in case of disputes the corporate houses prefer to have arbitration clause to avoid court hassle but now the companies are moving step forward to seek out the differences through negotiation that they are not turned into disputes with time. The communication technology has also helped the same by providing an e-platform in the form of electronically mediated negotiation. The paper is an attempt to discuss the relevance and steps of negotiation in commercial disputes and relevance of e-negotiation in the same lines.

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Notes

  1. 1.

    Section 89 of Civil Procedure Code, 1908 Settlement of disputes outside the Court.

    1. 1.

      Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the court may reformulate the terms of a possible settlement and refer the same for—

      1. a.

        arbitration;

      2. b.

        conciliation;

      3. c.

        judicial settlement including settlement through Lok Adalat; or

      4. d.

        mediation

    2. 2.

      Where a dispute had been referred-

      1. a.

        for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act

      2. b.

        to Lok Adalat, the court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat;

      3. c.

        for judicial settlement, the court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act;

      4. d.

        for mediation, the court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.

References

  1. Chatterjee, C., Lefcovitch, A.: Alternative Dispute Resolution: A Practical Guide, p. 19. Routledge, London (2008)

    Google Scholar 

  2. Ford, J.: Managing Commercial Disputes. It has been written in a blog of Cripps LLP which is a law firm having registered office in Kent and London listed in 2016 legal 500 firms and has been shortlisted in four categories in the South East Deal Makers Awards (2017). http://www.cripps.co.uk/managing-commercial-disputes/

  3. http://www.goldmansachs.com/gsam/docs/instgeneral/general_materials/whitepaper/india_revisited.pdf

  4. E-commerce to reach US$ 60-bn GMV by 2020. http://www.indianembassy.nl/docs/1465626631IEN%20June%202016.pdf

  5. Business Standard, 01 June 2016

    Google Scholar 

  6. Galin, A., Gross, M., Gavriel, G.: E-negotiation versus face-to-face negotiation what has changed—if anything? Comput. Hum. Behav. 23, 787–797 (2007)

    Article  Google Scholar 

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Author information

Authors and Affiliations

  1. Department of Laws, Panjab University, Chandigarh, India

    Dinesh Kumar

Authors
  1. Dinesh Kumar
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Correspondence to Dinesh Kumar .

Editor information

Editors and Affiliations

  1. Department of CSE, PVP Siddhartha Institute of Technology, Vijayawada, Andhra Pradesh, India

    Suresh Chandra Satapathy

  2. Sabar Institute of Technology for Girls, Ahmedabad, Gujarat, India

    Amit Joshi

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Kumar, D. (2018). E-Negotiation: Emerging Trends in ADR. In: Satapathy, S., Joshi, A. (eds) Information and Communication Technology for Intelligent Systems (ICTIS 2017) - Volume 2. ICTIS 2017. Smart Innovation, Systems and Technologies, vol 84. Springer, Cham. https://doi.org/10.1007/978-3-319-63645-0_10

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  • DOI: https://doi.org/10.1007/978-3-319-63645-0_10

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  • Publisher Name: Springer, Cham

  • Print ISBN: 978-3-319-63644-3

  • Online ISBN: 978-3-319-63645-0

  • eBook Packages: EngineeringEngineering (R0)

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