RGNUL INTRA MEDIATION COMPETITION RULES, 2020

CHAPTER I - PRELIMINARY

1. Short Title and Commencement:

(1) These rules may be called the RGNUL Intra Mediation Competition Rules, 2020.

(2) These rules shall come into force on the date notified by the Centre.

2. Definitions:

Unless otherwise provided, the words used in the Rules shall be construed as defined hereinafter-

a. “Administration” means the administration of the University and shall include the Centre.

b. “Break” means a 3-minute period of time that can be requested once by each Negotiation
Team in each Mediation Session and during which the overall time of the Mediation Session
continues to run.

c. “Caucus” refers to a separate meeting between the Mediators and a Negotiation team.
During the caucus the overall time of the Mediation Session continues to run.

d. “Centre” refers to the Centre for Alternative Dispute Resolution (CADR).

e. “Competition” refers to the Intra Mediation Competition.

f. “Confidential Information” refers to the background factual information of the Problem for
the exclusive use of a Party and the judging Assessors but not the Mediator.

g. “Counsel” and “Client” refer to the roles taken respectively by two members of a Team
during each Mediation Session.

h. “Cross-Caucus” refers to a separate meeting between the Mediator and both Counsels or a
separate meeting between the Mediator and both Clients of the Negotiation Teams.

i. “Draw of Lots” means the picking up of chits by the teams in order to determine the fixture
of the competition.

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j. “General Information” refers to the background factual information of the Problem for the
use by each Party, the Mediators, and the Assessors.

k. “Mediation Plan” refers to each Team’s written case analysis in the format specified by the
Centre.

l. “Negotiation Team” refers to one or more participants from the same team acting as
negotiators, whether client or counsel, in accordance with the format of the competition.

m. “Problem” refers to the competition problem distributed by the Centre, as supplemented or

corrected by any Clarifications, which Teams will attempt to resolve with the help of the
Mediator during the Mediation, and includes General Information and Confidential
Information.

n. “Requesting Party” and “Responding Party” refer, respectively, to the Party requesting the
mediation, and the Party responding to the request for mediation at any given point in the
Competition.

o. “Team” means the team having composition as mentioned in Rule 4 and is registered by the
Centre under Rule 5 for participating in the competition.

p. “Team Code” means the unique code that shall be provided to the registered teams and shall
be used by the teams for all further communications.

q. “University” means the Rajiv Gandhi National University of Law, Punjab.

CHAPTER II- ELIGIBILITY & TEAM COMPOSITION

3. Eligibility:

All the students of the University pursuing the five-year integrated B.A. LL.B (Hons.) course are
eligible to take part in the RGNUL Intra Mediation Competition.

Provided that the students who have been barred from participating by the Centre or by the order
of the Administration shall not be eligible to take part in the Competition.

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4. Team Composition:

A team shall comprise of a combination formed out of three individuals, of whom one student
shall be Client, one shall be Mediation Counsel and one shall be Mediator. Any qualifying
Negotiation Team applying for any national or international competition will be free to alter the
roles irrespective of the roles played by the team member in the intra round.

Explanation. – No Mediator shall be allowed to alter her/his role while applying for any national
or international competition.

5. Registration:

The registration shall be completed by filling the google form on or before the last date for
registration. No registrations after the last date shall be entertained by the Centre.

6. Allotment of team code:

Every team registered for the competition shall be allotted a unique code which shall be used by
it for all further communications with the Centre.

CHAPTER III–FORMAT OF THE COMPETITION

7. Format:

The competition will consist of one mediation session of 60 minutes. The teams will be handed
Confidential Information 30 minutes prior to the session. The teams shall also submit a
Mediation Plan on the date notified by the Centre.

CHAPTER IV–PROCEDURE OF THE COMPETITION

8. General Procedure:

In advance of the Competition, the Centre will randomly assign Teams for the Rounds (as
Requesting Party or Responding Party) by way of draw of lots.

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9. Breaks:

Each competing team may take one break of not more than 3 minutes during the mediation
session. If one competing negotiation team calls for a break, both the teams must leave the room.

10. Caucus:

During the Mediation session, the Mediator or any of the negotiation teams may call for a
Caucus, in accordance with the following provisions:

a. Each caucus may not last longer than 5 minutes.

b. No one is allowed to leave the room, except for the negotiation team which the mediator
escorts outside, while she/he engages in a private session with the other negotiation team.

c. During a caucus, the mediator can engage in dialogue with one negotiation team – the client
and counsel or there can be a caucus between the mediator and both the competing clients
(without their lawyers) or between the mediator and both the competing lawyers (without
their clients).

d. There is no limit on the number of caucuses called. It is up to the discretion of the

negotiators and mediators to call for a Caucus. They will be assessed on the timing, reason
and productivity of the caucus, if called for.

e. Notwithstanding the foregoing provisions of Rule 10, the requirement to call the Caucus
shall be specified in the Competition Problem.

11. Computation of Aggregate Score:

The judging criteria shall be applied to the performance of both, the negotiation team as well as
the mediator, independent of each other. The teams shall be marked as per the marking criteria
laid down in Schedule II. The decision of the judges shall be final.

(1) The Centre shall release, separately, the ranks and scores of:

i. Negotiation team

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ii. Each member of the Negotiation team

iii. Mediator

(2) There is no requirement or reward for reaching a settlement.

12. Results:

The results of the competition shall be declared on the date notified by the Centre.

13. Governing Law:

The Problems may refer to real or fictional places. However, and unless a Problem explicitly
indicates otherwise, for purposes of the Competition it is assumed that there is no governing law
and that the jurisdiction applies general principles of uniform international law.

14. Handouts:

Teams may present during each Mediation only one handout, limited to one A4 sheet of paper.
Copies of the handout shall be given to the Mediator, when first produced by the team. The
Centre may ask for the handout on a date notified by it.

15. Permitted Material during the Mediation Session

For the Mediation Session, each competing team can bring its own prepared notes. Each team
can also bring and use a calculator and a watch (stop watch, timer, etc. is allowed). Use of other
electronic devices such as mobiles phones, smart watches, tablets, laptops, etc. shall not be
permitted.

CHAPTER V - PENALTIES

16. Scouting:

No team shall be allowed to hear or see the Oral Rounds of any other team. If any team is found
indulging in scouting, it shall be disqualified from the Competition.

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17. Punishment for Use of Unfair Means:

Any person or team found indulging in use of any unfair means during the course of the
competition shall be punished with disqualification from the competition and shall be deemed to
be ineligible for participating in any National and International ADR Competitions notified by
the Centre during that calendar year.

Provided that no punishment under this Rule shall be levied unless an opportunity to present its
case is given to such team.

18. Punishment for violation of any other rule:

Any person or team found in violation of any provisions of this Rules or any other Rules made
by the Centre for the Competition shall be liable with punishment of not less than deduction of
10% of her/his total score but not more than deduction of 20% of her/his total score.

CHAPTER VII - MISCELLANEOUS

19. Clarifications:

Any team having any doubt regarding the competition problem or registration or any other rule
shall mail the same to [email protected] on or before the date as shall be notified by the Centre.
In case of any discrepancy, the decision of the Centre shall be final and binding.

20. Power to amend or alter rules:

The rules mentioned herein are not exhaustive. Rules specific to the intra competition problem
will be released along with the said problem. The Centre reserves the right to alter, amend or add
to the rules mentioned herein at any point of time. All decisions made by the Centre in case of
any disputes, doubts or related issues shall be final and binding. Imposition of all penalties
including disqualification rests solely with the Centre in case of failure to comply with the rules
mentioned herein.

21. Dress Code:

The participants shall adhere to the following dress code during the Competition:

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a. Ladies: Western formals or white salwar and kurta; and

b. Gentlemen: Western formals.

22. Language:

The language of the Competition shall be English only.

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SCHEDULE I

IMPORTANT DATES

Last date for registration 09.02.2020

Release of the General Information 10.02.2020

Last date for seeking clarifications 11.02.2020

Last date for submission of Mediation Plan 15.02.2020

Competition 18.02.2020

Announcement of Results 25.02.2020

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SCHEDULE II

MARKING CRITERIA

NEGOTIATION TEAM (100 M)

Communication & Relay of Information (25 pts. max.)

1. Clear understanding & narration of facts of the case
2. Effective information gathering
3. Courteous presentation of opposing perspective
4. Efficient use of listening skills and body language
5. Appropriate tone and language

Collaboration and Creating Options (25 pts. max.)

1. Allowing scope for flexibility and creativity
2. Actively collaborating without compromising on interests
3. Generating mutually satisfying solutions
4. Building relationship and trust
5. Efforts to advancing the process towards Resolution

The home stretch (25 pts. max.)

1. Using objective criteria in prioritizing interests
2. Reflecting interests in outcome
3. Weighing up options if Negotiation fails
4. Handling emotionally charged moments
5. Being respectful of others’ interest

Effective Use of Caucus & Dealing with Impasse (25 pts. Max.)
1. Strategic revealing of confidential information
2. Apt use of mediator during Impasse (not during caucus)
3. Productivity of caucus period
4. Timing and reasoning for calling caucus
5. Positive impact of caucus on immediate conference

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MEDIATOR (100 M)

Opening Remarks & Communication Skills (25 pts. max.)

1. Effective preparation
2. Creating an atmosphere of trust & setting the mood for the first conference
3. Delivering an effective opening statement – explaining process and principles
4. Use of open and neutral body language and behaviour
5. Confirming neutrality, authority and voluntariness

Qualities of a good mediator (25 pts. max.)

1. Setting guidelines and creating an Agenda for the session
2. Identifying and acknowledging interests, views and feelings
3. Employing neutral language consistently
4. Summarizing, reframing and confirming when needed
5. Putting off fires at the table

Effective Use of Caucus and Handling Impasse (25 pts. max.)

1. Asking timely and appropriate close ended / open ended questions
2. Assisting the parties to separate interests from positions
3. Reality check / Fact check with parties
4. Encouraging creative options to resolve conflict
5. Timing and reason for calling for a Caucus

Mediation Session Process (25 pts. max.)

1. Maintaining decorum and holding control of the mediation process
2. Monitoring progress and demonstrating flexibility in adjusting process to the circumstances
and needs
3. Ability to extract confidential information from parties
4. Supporting mediation process by summarizing facts, identifying key information, interests,
opportunities and impediments
5. Taking active steps to prevent the mediation from stalling and to encourage progress towards
resolution

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