Editorial of the Day (8th Jan): Structured Negotiation as a Boost for Disability Rights

Context: Structured negotiation is gaining traction as an effective, non-litigious dispute resolution method, showing promise for India’s legal system in cases similar to how it has been successfully applied to disability rights in the U.S.

About Structured Negotiation

• Problem-Solving Approach: Structured negotiation is a technique where parties collaboratively discuss and resolve issues outside of court, akin to a round-table discussion.
• Application in Disability Rights: It is particularly effective in enhancing accessibility in areas like websites, machines, and services for people with disabilities.
• Mutual Benefits: This approach is beneficial for all involved; companies avoid legal complications, and individuals with disabilities gain improved access.
• Consensus for Resolution: The method is most effective when all parties are committed to jointly finding solutions, avoiding the hassles of legal proceedings.

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Benefits Of Structured Negotiation

• Inclusive Dispute Resolution: Structured negotiation champions disability rights through an inclusive, problem-solving method. It has led major corporations like Walmart and CVS to introduce accessible prescription containers for visually impaired customers.
• Mutual Benefits: This strategy promotes outcomes beneficial to both service providers and those affected by non-compliance.
• S. Case Settlements: In the U.S., the method has a strong track record of effectively resolving disability rights disputes outside of court.
• Institutional Change: It has been pivotal in addressing issues with inaccessible technology and promoting organisational change.
• Encouraging Compliance: Service providers are more likely to comply with social welfare laws when litigation drawbacks are avoided.

India’s Challenges in Structured Negotiation

• Civil Court Delays: India’s civil courts are bogged down with case backlogs and excessive paperwork, complicating the adoption of structured negotiation for disability rights.
• Legislative Empowerment: The Rights of Persons with Disabilities Act, 2016, gives the CCPD authority to tackle non-compliance, yet its effectiveness in resolving accessibility issues is not evident.
• Regulatory Challenges: The CCPD’s directives for accessibility, as in the case of PayTM, can sometimes lead to more barriers, underscoring the challenges of oversight in digital accessibility.
• Digital Accessibility Vigilance: The PayTM incident underscores the crucial need for ongoing vigilance and user engagement to ensure true accessibility, a significant hurdle for structured negotiation in India.

What Should Be Done

• Intensify Monitoring: Ensure solutions remain effective through continuous monitoring and integrating feedback from users.
• Legal Advocacy Enhancement: Build a stronger foundation of legal precedents that are favourable to disability rights to aid structured negotiation.
• Raising Awareness: Educate companies and legal professionals about the advantages of structured negotiation to promote its wider use.
• Authority Utilisation: Make use of the role and powers of the Chief Commissioner for Persons with Disabilities for better compliance enforcement.
• Learning from Global Practices: Analyse and adapt successful structured negotiation strategies from the U.S. to fit the Indian context.

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