top of page

NEGOTIATION RULES OF PROCEDURE

ARTICLE 1

In these Rules:

 

“Negotiation” is a process or a discussion which aims to reach an equally fair agreement;

​

“Party” is the term used to represent the stakeholder;

​

“MOA” means memorandum of agreement;

​

“Negotiator” will represent the party in the negotiation process;

​

“BATNA” means Best Alternative to a Negotiated Agreement;

​

“MedNet” means the Mediators Network for Sustainable Peace (MedNet), Inc

 

Words used in the singular include the plural and vice versa, as the context may require.

ARTICLE 2

Negotiation Request.

  1. After receiving request for negotiation, MedNet will send a letter or e-mail to the other party if they will agree to a negotiation dialogue.
     

  2. There are different ways to conduct negotiation. Parties may decide to conduct a video conferencing negotiation or in-person negotiation.
     

  3. After receiving the acceptance letter, MedNet will coordinate with the date, time, and location that the parties want to conduct the negotiation.

ARTICLE 3

Negotiation Coaching

  1. MedNet will sit one-on-one with the party that requests to be represented in a negotiation dialogue.
     

  2. The party will set their target goals, list down their demands or request, and prepare their alternative course of action.

    MedNet may ask for documents that could help them negotiate with the opposing party.
     

  3. MedNet will study the documents and will start for the preparation stage.

ARTICLE 4

Preparation Stage

MedNet will help the party to identify their goal/s in entering a negotiation.
 

The party with the help of MedNet will list down their objectives and expected outcomes.

 

  1. In formulating the objectives of the negotiation, it is necessary to follow the SMART framework.
     

    • Specific – be specific with the things you want to get, and the conditions you want to include and willing to accept.
       

    • Meaningful – make sure that you are entering a negotiation to achieve a meaningful outcome, otherwise it will only be a waste of time and resources.
       

    • Achievable – setting up objective should be achievable; it is very important that what we negotiate are available or can be worked out. Unachievable objectives will lead into waste of time.
       

    • Responsible – always keep in mind that the objectives will result in good outcome, or it will be used to benefit for the greater good.
       

    • Timeline – it is very important to consider time in setting up an objective to a negotiation. It will help to identify if the negotiation will be successful or not.

 

MedNet will help the requesting party to develop their BATNA (Best Alternative to a Negotiated Agreement).

ARTICLE 5

Opening Stage

  1. MedNet with the represented party will create a plan on how they will open the negotiation.
     

  2. MedNet will open the negotiation by proposing or clarifying the ground rules.
     

  3. MedNet should be granted with full authority to negotiate, and counter negotiate.

    Granting full authority will be advised at the planning stage. However, MedNet will consult the represented party at every opportunity.

ARTICLE 6

Bargaining Stage

  1. MedNet with the represented party will articulate their positions; what they want to achieve, desires, fears and how much do they want to share in the contexts of the negotiation to understand deeply one another’s positions.
     

    • MedNet will help to identify the overlapping desires, needs, and concerns of the parties. In doing this, MedNet will help the party in identifying sticking points. By identifying sticking points early, it will help the party and the representative to deal with it in a structured logical and rational way.
       

    • Use the common ground to make progress. Use agreements to create agreement and use disagreements to draft agreement.
       

    • Asking genuine inquiring questions will help to uncover the depths beneath the positions, the intentions, the needs, their desires and find creative options to solve.
       

  2. If the other party will make an offer, be careful and review it again using this guide:
     

    • It might be misspoken.
       

    • You might misunderstand the offer.
       

    • It might have conditions attached that needs careful understanding.
       

  3. In making a counteroffer or request for a concession, apply these principles:
     

    • The “if you… then we…” style; this style states the role of the opposing party on what you want them to do for you.
       

    • The “if we… then would you…” style; this style states the willingness of the negotiation party on what they want you to do.
       

MedNet will help the party to list down all the concessions the party might use in the negotiations. This will become the basis to continue negotiation with the opposing party.

ARTICLE 7

Closing Stage

  1. In this stage, both parties come into agreement that accepts the conditions of their negotiation. Procedures need to be developed to implement and monitor the terms of the agreement. All the information must be written into a format that is acceptable to both parties and should be formalized.
     

  2. To fully formalize the drafted agreements, parties can seal it with a handshake and a signed written contract.
     

  3. Signed MOA must be notarized by the lawyer and parties should have their own copy.

ARTICLE 8

Forfeiture of the signed agreement

  1. Once the agreement which was sealed by a handshake and signature had been breached or one of the parties did not follow through with what was agreed, MedNet shall recommend that parties seek a mediator to resolve the breach.

ARTICLE 9

Negotiation Fees

  1. The coverage fees are included in the proposal that MedNet will submit to the stakeholder. Terms of payment will be included in the proposal.

ARTICLE 10

Liability Waiver

  1. MedNet shall not be liable for any intentional act by either of the parties involved.

bottom of page