Context:

• The increasing pendency, paperwork and red tape in Indian civil courts are already dissuading parties from using traditional dispute resolution methods. 
• Such a situation provides room for Structured Negotiations through which defaulting parties can avoid the high costs and negative publicity associated with litigation, while complainants get a workable solution for their problem. 

Definition:

• Structured negotiation is a collaborative and solution-driven dispute resolution technique. It typically involves inviting the defaulting service provider to the negotiation table and impressing upon them the benefits of complying with social welfare legislations. 
• While its utility pervades sectors, structured negotiation has been most effective in settling disability rights cases in the United States with organisations including Walmart, Bank of America, Houston’s public transit agency, and CVS. 

Benefits of structured negotiation:

• Win-win situation: It avoids the high costs and negative publicity of litigation for service providers, while helping people with disabilities achieve accessibility in the marketplace.
• Efficiency: It can be faster and less resource-intensive than traditional litigation methods.
• Collaboration: It encourages direct communication and collaboration between service providers and people with disabilities, leading to more effective solutions.

Challenges in India:

• New concept in India: The concept of structured negotiation is still relatively new in India and needs to be more widely understood.
• Limited Priority of disability rights: Businesses may not prioritise accessibility unless they see clear benefits or face legal consequences.
• Qualified personnels to take up alternate dispute resolution is inadequate in India. 
• Effectiveness of enforcement: The designated body for handling disability rights cases the Chief Commissioner for Persons with Disabilities(CCPD) needs to be adequately empowered to ensure compliance.

Recommendations:

• • Pilot programs: Implement pilot programs in specific sectors to demonstrate the effectiveness of structured negotiation in addressing accessibility issues.
  • Capacity building: Train service providers and disability rights advocates on the principles and practices of structured negotiation.
  • Inclusion into current legislations and schemes: Strengthen the legislations for disability rights and ensure effective enforcement mechanisms. Eg: Sugamya Bharat campaign; the Rights of Persons with Disabilities act, 2016; Rights of Persons with Disabilities Rules, 2017. 

• Raise awareness: Advocate for greater awareness about structured negotiation and its benefits for both businesses and people with disabilities.

        It’s important to note that while structured negotiation can be a valuable tool, it should not be seen as a replacement for legal advocacy or enforcement of disability rights laws. Both approaches are necessary to ensure that the rights of people with disabilities are protected.