Innovating in Negotiating ?

Innovating  in  Negotiating  ?

Dear,

Shri  F  M  Kallifullaji

Shri  Shri   Ravi Shankarji     [  secretariat@artofliving.org ]

Shri  Sriram  Panchuji           [  srirampanchu@gmail.com  ]

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Allahabad High Court Mediation and Conciliation Centre [ AHCMCC  ] , defines a mediation process as follows :

“ Mediation is a voluntary party-centered and structured negotiation process where a neutral third party assists the parties in amicably resolving their dispute by using specialized communication and negotiation techniques. “

While congratulating you on your appointment on the panel of Mediators for the Ayodhya dispute , I request you to take full advantage of this provision of resolution through “ specialized communication and negotiation techniques “

For the simple reason :

Brother Bharat could manage to bring Shri Ram back to Ayodhya , only after 14 years of “ Vanwaas “

You have a mandate to bring Shri Ram back to Ayodhya , in just 2 months !  A tough job, no doubt  !

Fortunately , you have at your disposal, some modern “ Communication Technologies “ which Bharat lacked

Technologies with which you can convince the concerned parties to the dispute that :

#   Millions of citizens also have a deep sentimental interest in this matter

#   They are tired of this seemingly endless rounds of court-hearings / roadside agitations / rath yatras etc

#   They want to be made a party to the “ Negotiations “ and want their views to be “ heard / recorded “

#   They want quick and harmonious discussions , leading to a “ WIN  WIN  “ solution for all concerned in the form

     of   a  WORLD  PEACE  COMPLEX , ( which I have been suggesting for past 6 years - see my emails below  )

Dear Mediators :

I urge you to employ the following technologies :

[ A ]   TECHNOLOGY TO LISTEN TO THE VOICE OF MILLIONS OF CITIZENS

MOBILE APP BASED OPINION POLL :

In a normal situation, our Online Media would have rushed to conduct “ Opinion Polls “ among citizens to ascertain what people think about my suggestion for a WORLD  PEACE  COMPLEX

But the order / directive of the Supreme Court is very clear , viz :

“ There ought not be any reporting of the said proceedings in the print or in electronic media

   However, we refrain from passing any specific order at this stage and instead empower the mediators to pass

   necessary orders in writing, if so required, to restrain publication of details of mediation proceedings “

However, nothing stops YOU from “ using specialized communication “ , to find out what people think about this !

And what better example than a Mobile App based “ Opinion Poll “ , to be conducted by YOU , as described below :

Conduct a Mobile App-based “ Opinion Poll “ ( in favor / against ) .The app will carry a 5 minute Video Clip of the World Peace Complex .To prevent duplicate voting, the App will have following features :

#  Each mobile phone can download the App, only ONCE

#  Immediately after voting, the App will “ self destruct” ( to prevent re-use )

Imagine if 100 million Indian citizens vote in FAVOUR of the World Peace Complex !

The results / findings of this opinion poll could be shared with the negotiating parties ( only across the table ) – but not to be published so as not to bias App-Users

If this survey gets completed by 30 March , that would have a very sobering effect on the parties concerned , at the negotiating table !

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[  B  ]   TECHNOLOGY TO DEMONSTRATE TO DISPUTANTS HOW WORLD PEACE COMPLEX WOULD LOOK LIKE

3D / VIRTUAL REALITY / AUGMENTED REALITY  / HOLOGRAMS to show to the disputing parties,  what such a WORLD PEACE COMPLEX would look like , when completed

-        

Not as a simple LINE DRAWING of an architectural layout

But as a 3 DIMENSIONAL rendering of the Peace Complex on a computer screen !

With all its imposing structures – facades – elevations – perspectives , even humans walking through that marvelous complex , surrounded by trees – walkways – fountains – flowers – water cascades – lily ponds  !

There are any number of Engineering / Construction companies in India who would develop and deliver to you , such a solution within 2 weeks !

I have no doubt that they would feel honored to do this for FREE , as their contribution to solving a 70 year old dispute

All you have to do is to pick up your phone and dial the Chairman / MD / CEO of any such company

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My suggestions emailed earlier :

At the stroke of Mid-morning                           07  March  2019

We can do…                                                    06 March 2019 

A Home for Ram                                              27   Feb  2019 

 Reach - Out Time   ?    -                                  20  Sept  2013 

   

 Sarva Dharma Sthanam ?                                 02  Oct  2017  

 Let Ram’s Ayodhya be Secular                           31  Jan  2019  

====================================================

10  March  2019

Rsvp :  hcp@RecruitGuru.com

                            

At the stroke of Mid-morning

At 10:30 am this morning, Supreme Court bench hearing the Ayodhya case will meet

As anticipated in my yesterday’s blog ( sent as email to Supreme Court and the lawyers of the concerned parties ), the parties concerned have refused to submit names of mediators

As suggested in my email , it is expected that SC will announce its decision to appoint a mediator on its own, to negotiate a consensus outcome between the parties

All concerned will heave a sigh of relief !

But today’s editorial in Economic Times raises following important legal issues arising out of the provisions in Section 89 of the Civil Procedure Code on “ alternate dispute-resolution mechanisms “ , including mediation :

Apex Court Should Stick to Legal Remit Venturing into compromise on Ayodhya risky   

{ 1  }

The court that directs the disputants to mediation must first identify  what it deems a reasonable solution to the dispute.

{  2  }

If the mediation effort does not succeed, the parties will come back to the court for a statutory solution.

=====================================================================

As far as  { 1 }  is concerned , I urge the Court to state unhesitatingly that it considers as a “ reasonable solution “ , my suggestion for creation / construction by the Central Government ( covering the entire site – not just the site of Babri Masjid ) of a :

“ World Peace Complex “

References :

We can do…                                                    06 March 2019 

A Home for Ram                                              27   Feb  2019 

 Reach - Out Time   ?    -                                  20  Sept  2013 

   

 Sarva Dharma Sthanam ?                                 02  Oct  2017  

 Let Ram’s Ayodhya be Secular                           31  Jan  2019  

 

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SC may also consider following directives :

#   Target date

#   Names / E mail IDs of mediators ( for receiving suggestions from any citizen )

#   Transparency vis-à-vis the Supreme Court

·          Audio-Video recordings of Mediation meetings – emails – phone call logs – etc , under the supervision of the SC . These will be only available to SC and no one else

#   Total Secrecy vis-à-vis the general public / media

·         No access to media at any stage of negotiations , by any negotiator

#   Integrity of the negotiation process

·         No negotiator shall ever meet any party, all by himself , in private . All such meetings must be conducted with ALL negotiators remaining present , in total openness

·         Mediators shall maintain minutes of each meeting ( with the concerned parties ) . These minutes shall not be disclosed to any one but SC . Minutes must be signed by all the negotiators

·         Final recommendation ( CONSENSUS SOLUTION ), must be signed by all the parties concerned , before submitting to SC

·         Even meetings with private individuals - political - religious – social – academic – professional organizations and “ Think Tanks “ , must be held with all mediators present and audio-video recorded

======================

Dear Hon Justice Shri Gogoi,

I hope you find a few minutes to read  this email before announcing your decision this morning

 

========================================================

08  March  2019

Rsvp :  hcp@RecruitGuru.com

We can do…….

And we must 

While hearing the Ayodhya dispute case yesterday, Hon Justice Bobde said :

“  We have no control over the past . We can only do something about what exists in the present , that is the dispute “

Sources :

Mediation in Ayodhya desirable, ruling soon: SC   

Ayodhya land dispute: Supreme Court reserves order on mediation      

[ A ]

Shri Tushar Mehta ( tusharmehta.asg@gmail.com ) – Solicitor General for UP , said :

“ The court should refer the matter for mediation only when there exists an element of settlement “

[ B ]

Senior advocate, C S Vaidyanathan ,

(csvofficial@yahoo.com - csvaidyanathan@yahoo.com )

 appearing for Ram Lalla Virajman, said :

“  In a case of this nature, when Ayodhya is accepted as Ram Janmbhoomi, if any mediation is to take place, nobody can agree to some other place as Ram Janmsthan . That is non-negotiable.

Only thing to negotiate is an alternate place for a mosque. 

For this, we will be willing to crowdsource funds. 

This practically ended any scope for negotiation before it could begin

Mediation has not yielded any results in the past despite repeated attempts “

[ C ]

Senior Advocate, Rajeev Dhavan , ( rdhavan@gmail.com ) , appearing for the Muslim parties said :

“ There is no difference between court adjudicated verdict or a compromise which would

  result in a decree

  Both would be binding on the parties

  I would go one step further and suggest that it should be contempt of court if anyone

  reported about developments in the mediation process “

Muslim Bodies supported the court’s suggestion of mediation and said it should be done in-camera and nobody should be allowed to disclose the proceedings till the final report is given ( - like locking up the members of the jury in a room  ? Possible )

[ D ]

Supreme Court :

#  Asked all the parties concerned for the names of possible mediators for reaching an

    amicable settlement . “ Give names of mediators by today. We will pass orders shortly

 .

    Instead of one mediator, there could be a panel of mediators to thrash out the issue “

#  Media need not talk about what efforts are going on and what developments have taken

    place. 

We are considering whether it should be reported at all. 

It will not be a gag order

    but there should be confidentiality of the mediation process

#  Justice Chandrachud said :

    It could be difficult to ensure secrecy of the mediation process. In the event of reaching a

    compromise, could it be binding on the public, who are not parties to the case ?

#  Justice Bobde said  :

    “  You are pre-judging it .

       We are trying for mediation because it is not about a land dispute but involves

       sentiments and faith of people

       We are conscious of the gravity and importance of the dispute and its impact on the

       body polity  of the country

      It is all about mind, heart and feelings. But the law mandates that the court try and

      heal the minds and hearts.

      We cannot understand how anyone can reject it outright

      Desirability of a negotiated settlement cannot be ignored

      Why do you presume that you have to compromise ?

[ E ]

Dr Subramanian Swamy  ( swamy39@gmail.com ) said :

“ Any compromise must be within certain parameters – that all the land belongs to the

  Government and can be given to anyone to construct a temple “

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From yesterday’s proceedings, the following is apparent  :

#    By reaching a “ negotiated settlement “ , all parties are afraid of being accused of a “

      Sell Out “ by their respective constituencies !

      Eg : “ If this is what you managed to get, why did you play with our feelings for 70

      years ? “

#   They would all like to “ Save their faces “ by having someone else ( even Supreme Court

     or a panel of mediators ) hand out a decision , so that they can say , 

“ What can we do ?

     We tried our level best !  We have to obey the law of the land “

#   They may not give names of any mediator/s , and start a new round of “ negotiations “

     in respect of the panel members !

     They would feel “ relieved “ if the Supreme Court selects those mediators on its own

     [  I have given 4 names of eminent persons in my earlier mail  ]

#   Supreme Court itself may be wanting to hand out a decree along the lines of my email

     [  A Home for Ram  ]

 

     but may not want to appear “ arbitrary – biased – dictatorial “

     For SC as well , it is necessary to appear “ Rational “  by adopting a well established

     legal process !

=========================================================

Dear

 Tushar Mehta  /  C S Vaidyanathan /  Rajeev Dhavan /  Subramanian Swamy  :

I urge you to enable “ Birth of Peace “ in Ayodhya , as described in :

 Reach - Out Time   ?    -                                    20  Sept  2013 

   

 Sarva Dharma Sthanam ?                                   02  Oct  2017  

 Let Ram’s Ayodhya be Secular                            31  Jan  2019  

 

=========================================================

07  March  2019

Rsvp :  hcp@RecruitGuru.com