Rabia Mustafa* and Sharafat A. Chaudhry** Chapter 3 of the book ‘Getting to Yes Negotiating an Agreements without Giving in” is about focusing interests, not on positions. In negotiations, the focus should be on interests rather than positions. The basic problem lies in the conflict…
Rabia Mustafa* and Sharafat A. Chaudhry** Language and communication are the bedrock of the mediation and negotiation process, a dynamic exchange where parties and mediators strive for a mutually agreeable resolution. In the intricate tapestry of daily interactions, misunderstandings and misperceptions abound, emphasizing the paramount importance…
Rabia Mustafa* and Sharafat A. Chaudhry** As explored in the previous article discussing the Harvard Negotiation Project, a distinctive negotiation approach known as principled negotiation has been developed, grounded in four fundamental points: people, interests, options, and criteria. The focus of the second chapter is to…
Rabia Mustafa* and Sharafat A. Chaudhry** Roger Fisher and William Ury, authors of the influential book “Getting to Yes: Negotiating Agreement Without Giving In”, emphasize the prevalence of positional bargaining in various types of negotiations, whether involving contracts, family disputes, or international peace settlements. Positional…
Rabia Mustafa Almost three decades after initial publication of the book, ‘Getting to Yes: Negotiating Agreement Without Giving In’ by Roger Fisher, William L. Ury, & Bruce Patton has instructed millions of individuals on how to negotiate more effectively. It is a seminal work in…
Rabia Mustafa* and Sharafat A. Chaudhry** During the failed Israeli-Syrian peace talks during 1995–96, Itamar Rabinovich, the primary Israeli negotiator, reflected on a substantial communication barrier that impeded the parties from achieving consensus despite sharing similar objectives. Rabinovich argued that the Israeli-Syrian dialogue served as…
Amira Ibrahim Under International Arbitration law, expropriation is not illegal in and of itself. Expropriation will be declared legal under most IIAs if it meets all of the following criteria: In the public interest or for a public purpose. In an equitable and nondiscriminatory manner.…
Amira Ibrahim Expropriation is the ‘occupying or taking of property belonging to a non-native investor by the government, if done illegally, exposes the government to international liability’. In investment arbitration, expropriation refers to two concepts: Each State’s right to implement sovereignty over its territory; Each…
Rabia Mustafa Any method or process of resolving conflicts by a neutral third party, such as a mediator or arbitrator outside of court or without litigation process is referred to as Alternative Dispute Resolution (ADR). The word ‘alternative’ is itself self-explanatory. Negotiation, conciliation, mediation, and arbitration…
