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THE POWER OF NEGOTIATION: HARNESSING EFFECTIVE STRATEGIES FOR CONFLICT RESOLUTION

THE POWER OF NEGOTIATION: HARNESSING EFFECTIVE STRATEGIES FOR CONFLICT RESOLUTION

Pooja, Rayat College of Law, Railmajra affiliated to Panjab University, Chandigarh.

ABSTRACT

In our society, there is an infamous line, “If there is a blessing of the god then we people never need to visit any Advocate and Doctor in our life until and unless they are practising in this field”. Now, this statement reveals the mental aspects of our society such as the Multiplicity of cases in the Courts,  Delay in Case Resolution, Not a sufficient mechanism for Alternative Dispute Resolution as it is only limited to the text in the Indian legal system, Costly Litigants fees, Difficult to understand their case proceedings and improper Case Management from the side of the subordinate courts and Advocates because of these negative factors people resist to go before the court or exhausted to fight in their case till the end. There are various data where we can see that there is an increase in the numbers of case filing, people are becoming aware of their rights, People raise their voices against the injustice and facilities provided by the indigenous person to file their lawsuits and so on which is easily available on the various official websites of the different news channels. Unfortunately, Reality is far worse than this sort of data because the major loophole in the procedure of our legal system is that the law only favours the people who have huge amounts of money to hire and afford the best Advocate. After all, there is a market for the advocates who never say no to taking any case even if they don’t have any experience like how to deal with such cases even once or lightly handle the matter or they are just found to earn some money by rendering poor services which waste time and hard-earned money of the people. Due to their own and nearby relatives, neighbours, and friends’ experiences, it is the better way to leave the matter or if any chance in the negotiation still exists then they would like to try their luck in it rather than go in those ways where there is not any end point of their journey.