1st Icfai Virtual National Mediation Competition 2024 - 20240110 - 081929 - 0000
1st Icfai Virtual National Mediation Competition 2024 - 20240110 - 081929 - 0000
1st Icfai Virtual National Mediation Competition 2024 - 20240110 - 081929 - 0000
Education Partner
Thanking you,
With warm regards
ICFAI Law School, The ICFAI University, Dehradun
About The University
The ICFAI University, Dehradun, Uttarakhand (hereinafter referred to as
the University) was established under The ICFAI University Act 2003 (Act
No.16 of 2003) passed by the Uttaranchal Legislative Assembly and assented
to by the Governor on July 08, 2003.
The ICFAI University secured 44th rank in the World Universities with Real
Impact (WURI) Rankings 2020 released by United Nations Institute for
Training and Research. ICFAI is the only non-governmental institution
among two Indian Universities in this list. The University has also been
awarded the certificate for E-Learning Excellence of Academic Digitization
(e-LEAD).
The ICFAI Law School, Dehradun held the 1st Rank in the Category of
“Top Law School in the State of Uttarakhand” by CSR-GHRDC Law
Schools Survey 2022. It also secured 1st position in Uttarakhand & 13th
among Top Law Colleges (Pvt.) in India -IIRF. The ICFAI Law School,
Dehradun ranked 11th, by India Today under the category Best College in
North India- Law MDRA Best Colleges Survey- 2021.
About CEADRL
The logo of the Centre bears the Sanskrit phrase वक्छ्यामी ते हितम, taken from
bhagwat Gita translates to "I speak for your benefit." This encapsulates the
core ethos of the Centre, emphasizing its commitment to resolving disputes
with a focus on the well-being and interests of all parties involved.
Committed to the convergence of academia and expert perspectives, the
centre is poised to embark on innovative projects that showcase the
intersection of theory and practice in ADR. Through advocacy, research
initiatives, and policy-oriented discussions, the centre seeks to facilitate a
nuanced understanding of ADR law, providing a platform for individuals to
enhance their knowledge in this dynamic legal domain. The centre envisions
becoming a hub for fostering excellence in ADR, promoting informed
discourse and contributing to the broader legal landscape.
The Centre For Excellence Alternative Dispute Resolution Law (CEADRL)
is a dynamic and proactive student body comprising enthusiastic and
committed students from B.B.A./B.A. LL.B. (Hons.) programme , dedicated
to promoting peaceful conflict resolution within the academic environment.
Organizing Committee
Patron-in-Chief: Prof. (Dr.) Ram Karan Singh, Patron: Dr. Ramesh Chand Ramola ,
Vice Chancellor, The ICFAI University, Dehradun Registrar, The ICFAI University, Dehradun
Knowledge Partner
MediateGuru is a social initiative led by members across the globe. The aim
of the organization is to build a bridge using which more law students can be
encouraged to opt for ADR methods. MediateGuru is creating a social
awareness campaign for showcasing mediation as a future of alternative
dispute resolution to provide ease to the judiciary by encouraging and
empowering Law Professionals to take up the mantle of Mediation.
Education Partner
Knowledge Partner
Aditya Aryan is a hardcore Mediation enthusiast, he is also associated with
various leading and eminent organizations promoting and working in the field
of Mediation in different capacities. We appreciate his support and insights
provided by him for this competition.
Objective Of The Competition
ICFAI Law School, The ICFAI University Dehradun is going to conduct its
1st Virtual National Mediation Competition to encourage the budding
lawyers to understand the rising need for Alternative Dispute Resolution
mechanisms like mediation.
7. “Mediation” refers to the process where a neutral person assists the parties
who help them mitigate their dispute and reach a mutually agreed outcome
through negotiations.
13. “Preliminary Rounds” refer to the initial oral rounds which will
determine the scores and ranks of the participants for further rounds.
Registration Process
Participants are required to fill out the google form. To finalize the
registration NOC (No Objection Certificate) issued by the relevant authority
of the respective college of the participant shall be submitted within 72 hours
of provisional registration through mail to [email protected].
The NOC shall include the names of the members of the participating team. .
Note: The members' roles shall not be changed throughout the competition. No
team shall be accompanied by a coach or an instructor.
Language
The official language of the competition is English and shall be strictly
followed.
Dress Code
All the participants are required to adhere to the formal style of dressing i.e.
The participants must adhere to standards of conduct and dress as high as
those required of a lawyer engaged in the practice of law in India.
For Gentlemen - Business Formals (White formal shirt with black formal
pants + black blazer + Tie)
For Ladies - Formals (White formal shirt with black formal pants/black
formal skirt and a black blazer).
Structure Of The Competition
Mediation Plan
Every team shall mandatorily submit the mediation plan, the failure of
which will result in the deemed withdrawal of the respective team’s
registration.
Formatting of the mediation plan shall be done in font type Times New
Roman with a font size of 14 for headings and 12 for the main text. The
body of text shall be justified and Line Spacing shall be 1.5.
The mediator(s) have the autonomy to call for a private caucus based on
their judgment of what would best serve the interests of the parties involved.
The Mediator(s) must conduct at least one private caucus during the session
to ensure the progression of the mediation process.
Parties may also express their preference for a private caucus, and such
requests should be considered by the mediator(s) in the spirit of facilitating
constructive dialogue.
In case of a tie in the score of two or more Negotiating Teams during the
Preliminary or Knock Out Rounds, the advancing team shall be determined
by (i) the total number of score sheets designating 'wins,' and (ii) the highest
number of points scored during the joint session.
In case of a tie in the score of two or more Mediators during the Preliminary
or Knock Out Rounds, the advancing Mediator shall be determined by (i) the
highest number of scores secured during Caucus, and (ii) the highest number
of points scored in the Opening and Closing Statement.
If the tie is not resolved by the aforementioned methods, then the team
advancing to the next round shall be decided by a coin toss.
Penalties
In the event of a rule violation, the Organizing Committee reserves the right
to impose penalties. These may include a deduction of points or, in more
severe cases, disqualification of the entire team from the competition.
If a team member fails to adhere to the directives of the Organizing
Committee, the team may face penalties as determined by the Expert
Assessors overseeing the respective Round.
Teams that are subject to potential penalties will be granted a fair
opportunity to present their case and explain why the penalty should not be
applied.
Decisions made by the Organizing Committee regarding penalties are
conclusive and binding. All participants must familiarize themselves with the
rules and follow them diligently to maintain the integrity of the competition.
Marking Criteria : Mediator
Winning Team
The Winning Team (client & counsel) shall receive a cash
prize worth Rs.7,000 along with the opportunity to secure an
internship at MediateGuru.
Runners-up Team
The Runner-up Team (client & counsel) shall receive a cash
prize worth Rs.5,000 along with a scholarship in the CIRC-
Weवाद ODR Learning Course.
Best Mediator
The Best Mediator shall receive a cash prize worth Rs.5,000
along with the opportunity to secure an internship at
MediateGuru.
Runner-up Mediator
The Runner-up Mediator shall receive a cash prize worth
Rs.4,000 along with the opportunity to secure an internship
at Weवाद.
Important Dates
1 8th
Jan 2024
Registration Open
2 28th
Jan 2024
Last date of Registration
3 29th
Jan 2024
Last date of Clarification
4
31st
Jan 2024 Release of Clarification
5 Inauguration,
9th
Feb 2024
Prelims & Quarter
6
10th Semi final, Final &
Feb 2024
Valedictory
Mediation Problem - Prelims
Unfortunately, over the last four decades, Windermere experienced a general decline,
and the once state-of-the-art and luxurious hotel lost its '5-star' rating 20 years ago.
After a prolonged period of stagnation and only minor modernization, it lost its '4-
star' rating three years ago. The hotel's Wi-Fi was limited to communal areas, with half
of the rooms unable to receive a mobile signal, let alone mobile internet. While the
amenities met the standards of the 1980s, for modern-day vacationers, the once
luxurious-looking hotel had become less appealing.
This resulted in the hotel being used mainly by bikers and older vacationers. Young
couples attracted by the hotel's beautiful exterior and lakeside balconies never returned
due to the perceived 'run-down' condition of the hotel.
With the hotel running at a loss for a year following the downgrade from 4- to 3-stars,
the Harrison siblings had to take action. Each of them was leading separate lives,
managing their businesses. None of them needed the hotel anymore but couldn't bring
themselves to sever ties with the hotel that had supported them, a hotel that had been
their parents' final gift before their tragic deaths in their youth.
The primary issue they faced was Windermere itself. The Lake District town possessed
breathtaking beauty but lacked sufficient investment and tourism. Renovating a hotel
with as many rooms and function spaces as 'The Azure Oasis Hotel' would cost
millions. After approaching investors for funding, the siblings discovered that
Windermere couldn't attract an investment of that scale, even for a hotel as iconic as
theirs. After facing rejection from multiple investors, the siblings decided, as a last-
ditch effort, to approach banks.
Mediation Problem - Prelims
Emma Thompson is the relationship manager at First North Bank, where the hotel's
accounts are held. She had spent her childhood summers at 'The Azure Oasis Hotel'
and believed in its potential. Following due diligence checks and studying the siblings'
projections and business plans, she championed their cause. After a grueling six
months of meetings and negotiations, she successfully convinced the bank to support
the siblings with a loan of £2,500,000.
Work on the renovation commenced two years ago. The funds were released in stages
directly to the contractors, and after 14 months of nearly seamless work, the hotel
reopened its doors exactly on schedule, three months ago. It was a modern marvel
with superfast fiber broadband, contemporary designer furniture and bathroom
fixtures, and a sleek new design in every room. The state-of-the-art kitchen and
revamped function rooms successfully retained the old charm of the building while
ushering it into the 21st century. Following the renovations, the hotel regained its '4-
star' rating.
However, the business figures did not respond as expected. The hotel's regular guests
and vacationers, with an average age of 62, were delighted with the renovations but
would have come to the hotel anyway. A substantial new social media campaign is
underway, and some exciting professional conferences are upcoming, but the numbers
so far have been disappointing. Last month, Emma's worst fears were realized: the
siblings missed the third of their 100 instalments of £30,000. Emma convinced her
superiors, who are closely monitoring the account, that this was merely an
administrative error. The siblings promptly paid the instalment, along with an
apology, but privately indicated to Emma that they might be late again next month.
If the siblings continue to miss payments, First North Bank will have to initiate
proceedings to take the hotel from them. Before anything serious happens, Emma,
with full authority to represent the bank, and Samuel Harrison, representing all four
siblings, have decided to sit down and have a mediation along with their legal
counsels.
Author -
Aditya Aryan
Dispute Prevention and Resolution Professional
Note: Kindly do not contact the author in any case. Any contact will lead to immediate disqualification.
Student Organizing Body
Mayank Saraf
Student Convenor
Abhay Pandey
General Secretary
Grievance Redressal
Team Code:
Preliminary/Quarter/Semi-final/Final:
Party:
Core Issues:-What are your main interests? What brings you to the mediation?
Your goals (financial and other) Their goals (financial and other)
The minimum we expect is (and why): The minimum they will expect is (and why):
Annexure A
Your hidden costs - eg. Management Their hidden costs – eg. management
of time, finances - of going to trial: of time, finances - of going to trial:
Strings attached?
Are there any consequences to reputation or existing relationships that depend on
the conclusion of the mediation?
With the other party / third parties What is at stake for them to lose?
Annexure A
Timelines and deadlines Are there any timing issues that may force or retard
agreement?
Mutual problem-solving
What offers can you make to the other side that cost you little and they might value
highly and vice versa?
What could you offer? What might the opposite party offer?