Structured negotiation as a boost for disability rights

23 Jan 2024 4 mins Download PDF

Context: Structured negotiation is an increasingly employed dispute resolution technique, offering a collaborative and solution-oriented approach as an alternative to litigation. Widely applicable, it has demonstrated remarkable effectiveness in settling disability rights cases, particularly in the United States.

Success in Disability Rights:

• Particularly successful in resolving issues related to inaccessible automated teller machines, point of sale devices, pedestrian signals, and service provider websites.
• Notable achievements include influencing companies like Walmart, CVS, and Caremark to create accessible prescription bottles and driving institutional reforms for more accessible voting machines and websites.

Win-Win Situation:

• Presents a win-win scenario where defaulting service providers aim to avoid litigation costs and negative publicity, while complainants seek barrier-free participation in the marketplace.
• Success hinges on establishing a robust body of disabled-friendly legal precedents.

Challenges in India:

• Red tape and bureaucratic hurdles in Indian courts hinder traditional dispute resolution methods.
• The Rights of Persons with Disabilities Act, 2016, allows reporting non-compliance to the Chief Commissioner for Persons with Disabilities (CCPD), but the impact is yet to be fully realized.
• Paytm's case illustrates that compliance directives can inadvertently result in increased inaccessibility.

Benefits of Structured Negotiation:

• Offers service providers a way to avoid embarrassment, legal fees, and enables Persons with Disabilities to monitor implementation of fixes.
• Emphasizes that the success of alternative dispute resolution is linked to the priority service providers assign to addressing the struggles of persons with disabilities.

Call for Action in India:

• Urges businesses in India to prioritize the needs of disabled users and advocates for the widespread adoption of structured negotiation.

• Highlights that businesses failing to embrace this approach risk losing out on the substantial buying capacity of persons with disabilities.

Conclusion:

• Stresses the need for businesses to prioritize disabled users and sees structured negotiation as a powerful step in achieving this goal.
• Encourages businesses to recognize the potential benefits beyond legal compliance and embrace openness in negotiations.