Experts & Views
5th NLIU INADR International Law School Mediation Tournament- We are live!
We are back this time, bigger and better. Creating new benchmarks and pushing boundaries. NLIU is proud to hold the fifth edition of the INADR International Law School Mediation Tournament from 25th November to 27th November. With 40 teams participating we are the largest ADR tournament in Asia and the third largest in the world.
The tournament is shaped upon the rules and pattern used by the International Academy of Dispute Resolution (INADR); where before the start of the tournament there is a training session for all the participating teams. This year’s edition promises to exceed all expectations with a few surprises in store.
The teams participating this year are -
1. Charles university of Prague
2. GNLU
3. University of petroleum and energy studies
4. School of Law, Christ University
5. NLSIU, Bangalore
6. Institute of Law, Nirma University
7. Symbiosis Law School, Pune
8. American University of Afghanistan
9. NLUO
10. WBNUJS
11. University Law College, Bangalore
12. New Law College, Pune
13. RGNUL, Patiala
14. Campus Law Center, Faculty of Law, DU
15. University Institute of Legal Studies, PU
16. HNLU, Raipur
17.National Law University, Jodhpur
18. NALSAR, Hyderabad
19. Jindal Global Law School
20. Osmania University, Hyderabad
21.NUALS, Kochi
22. NUSRL
We also have a legendary trophy this year.
INAUGRAL CEREMONY
At the opening ceremony of the tournament, the Alternate Dispute Resolution Cell (ADRC) of NLIU welcomed Mr. Thomas Valenti, founder Valenti Law, Chicago, Meghann Sweeney, executive, INADR and Jonathan Rodrigues, representative of WMO. The former chief justice of Karnataka high court, Mr. N.K Jain was the chief guest for the event. The ceremnay began with the cermeonial ligthing of the lamp continued by speeches by the dignitaries. The ceremony ended with the NLIU INADR Convenor Rudraditya Khare encouraging the participants to fight it (mediate it) out for the trophy.
TRAINING SESSION
The tournament kicked off with an informative and useful training session which was helmed by Tom Valenti and Meghan Sweeny. The main role of the three comprehensive training sessions is to ensure that the participants are well versed with the working of the tournament. The session was an enlightening experience which will surely benefit the participants not only for this tournament but even in their future endeavors in the field. The rounds begin from 2:00 pm today, and we in the Media Team will be keeping you updated with all the developments.
Don’t forget to check out our Facebook page for more information https://www.facebook.com/
DAY 2- Let the Mediation Games Begin
Welcome to the 2nd Day of the NLIU-INADR Mediation Tournament!
Today the training session commenced at 10:00am which was followed by the release of the confidential information for Round 1. The Judges have been briefed and the mediation has begun.
Don't go anywhere. We'll be back with more.
Prelim Round - 1
1:30 pm
The Preliminary Round has started with the temas mediatting it out.
The problem of the first round is -
Arthur is a sophomore studying accounting at State University. He was accepted as a pledge to Alpha Delta, a Greek organisation on campus, on the understanding that he would have to perform tasks under the supervision of fraternity members. However, he was made to do chores in the middle of the night including cooking for the fraternity members. On one occasion he was struck by a fraternity pledging paddle.
As a result of this Arthur’s grades suffered and he was suspended from State University. Arthur blames Alpha Delta for his suspension and has consulted an attorney for the same. He is seeking damages of $40,000. The attorney for Alpha Delta has denied any responsibility and claim that Arthur voluntarily assumed the risk.
UPES v. Jindal
Charles University. v. American School, Afghanistan
The client from Christ thinks that there is no physical injury and that the activities of the fraternity are not unreasonable. Thus, they do not think they are at fault for his expulsion and falling grades.
NUSRL v. New Law College, Pune
Prelim Round - 2
4:30 pm
The second preliminary round has just begun with the mediators making opening statements and explaing the importance of chossing this process.
The problem for this round is as follows -
The plaintiff, Jones bought her/his Samsung Galaxy S7 on September 7, 2016 and left the country only to return 2 weeks later .In the meantime Samsung called back all Samsung galaxy S7 sold prior to September 15th due to reports of overheating batteries , burns and property damage . Jones a real estate dealer reported a fire in her/his vehicle 5 minutes after she/ he left her phone charging in the car. She/ he then filed a suit against Samsung for $10,000. The damages are the cost to repair , cost of a new phone , cost of towing the car and the loss of potential commissions from the real estate sale that did not happen that day due to the fire.The case has now been set for mediation and present are Jones and advocate and, the vice president for Samsung and advocate.
SLS Pune v Charles University Prague
The claimant started on an emotional note, she's disappointed in Samsung coz there 'phones are like ticking time bombs'
Client from NALSAR was very emotional and dramatic. She was very surprised that even inanimate objects can catch fire and made the absolutely touching claim that she made the entire car herself.
NUALS Kochi v ULC
UPES v NALSAR
The mediators offered NALSAR a cup of coffee from a virtual coffee machine to occupy their time in the opposing team's caucus.
NLS v UILS
In a private caucus, NLS are not asking for heavy monetary compensation but just the following - 1. Cost of repair of the car. 2. A new phone. 3. Loss of potential commission 4. Towing charges. UILS have called for their caucus in turn. In a bizarre turn of events, they accuse the mediator of partiality for genuinely forgetting to close the door while escorting the other team out.
6:30pm
The second round has finally ended and now all the participants and OC are looking forward to the cultural night.
The cultural night will see performaces by Vani Rao and the famous band Bandishein. This will be followed by an open mic for the students.
Tommorow will be the third Prelim round followed by the finals. Don't forget to follow us tommorow.
For live coverage of the cultural event please follow us on facebook.
DAY 3 - THE FINAL DAY IS HERE
We welcome you to the third and final day. The third preliminary round is about to start, the confidential inofrmation has been distributed and the rounds are about to start. The problem of the third round is as follows.
Al Mass Al Islami is a mosque in the suburbs of Atlanta. They have purchased land in Newton County for the construction of a new mosque and a crematorium.
They obtained a county permit for construction of a house of worship but were issued a 5 week moratorium on construction of such building. The citizens of Newton County were majorly in opposition of the construction and an armed group carried signs saying 'Good Muslims are not Good Americans' and 'No Terrorists in Newton County'.
While construction has been stalled, the county has meanwhile permitted the construction of a Baptist Church in the county.
The aggrieved party, Al Mass Al Islami, and the leader of the Concerned Citizens of Newton County (the primary group in opposition) have decided to solve their dispute through mediation.
11:00 AM
NLUO v NUJS
NLS in its opening speech said - " My name is Alfaaz and I'm not a terrorist."
NLUO v American University of Afghanistan
THE FINAL ROUNDS
4:00 pm
NUJS KOLKATA vs HNLU RAIPUR and Symbiosis Pune vs NALSARSymbiosis counsel says the wrong name when referring to the plaintiff. The counsel is explaining the incident rather than the client. She points out the compensation that has already been provided by the defendent.
NUJS v. HNLU
NALSAR v. Symbiosis
Symbiosis' main stance is that the plaintiff knew about the risk involved thus tehy are not liable.
NUJS v. HNLU
In order to facilitate progress, NALSAR the mediator has requested to speak to the teams in private. NUJS's client stresses on the huge amount of trauma suffered in the past year owing to an injury to his hands which are crucial to factory workers.
NALSAR v. Symbiosis
Symbiosis explains how the plaintiff was never supposed to go to the non operating side. Now caucus with NALSAR has been called for.
NUJS v. HNLU
NUJS's client expresses his worry over HNLU trying to further it's concerns by twisting facts. A worker would always trust the superior's advice and instructions over an instruction manual, thus, requesting the mediators to themselves go through the manual. Moreover, NUJS's client post-injury performs a different job, one that requires very little physical activity and thus, extremely low pay.
NALSAR v. Symbiosis
NALSAR client just gave their confedential information and asked the mediators not to tell it to the defendent. When she operated the machine fr the first time her supervisor scolded her and never to do it again. So, basically she was told about the dangers before she went for the second hand.
Also thinks that if not the compensation then perhaps a job where she can use other skills.
NUJS v. HNLU
The expert opinion provided to NUJS clearly states that the machine provided by HNLU was faulty which would strengthen their case, if they were to approach the Court. However, they would prefer settling the dispute through mediation and be awarded some amount of pecuniary compensation.
NALSAR v. Symbiosis
Compensation for the medical expenses were paid not because the machine was faulty but because it was in the clause of her employment contract Symbiosis pretty adamant on the fact that their was no negligence on the part of the defendents
NUJS v. HNLU
While HNLU is persuading NUJS to give their idea a thought, NUJS is adamant on a pecuniary compensation, even if paid in installments over a period of 10 or 15 years. To ask a differently-abled individual to undergo training for another job is a bit too far-fetched at this juncture. There's a private caucus and NUJS has left the room.
NALSAR v. Symbiosis
The defendent is also ready to give the plaintiff education fee for all the 4 kids apart from the $100,000. They are insisting that they don't want litigation at any cost.
NUJS v. HNLU
A private caucus between both clients in the presence of mediators. Both continue trying convince each other to agree to the points as mentioned above, with little success. The counsels enter.
NALSAR v. Symbiosis
The defendants have put forth the following solution:
1. Considering the plaintiff for a better job (but this depends on the plaintiff's skill)
2. Ready to pay $100,000
3. Ready to pay the tuition fee for all the 4 kids till they graduate from high school
Assurance from the defendant's side for the children's education. The session concluded without closing statements
NUJS v. HNLU
The mediators are glad that there's been some amount of progress, however, a few last steps needs to be taken. Doing so in a subsequent session, won't hurt. The round ends with both parties contemplating about the consequences of their actions.
The rounds have ended and the participants anxiously wait for the result. We will be back very soon with the final results
Welcome to the Valedictory Ceremony!
After a riveting two day tournament, we bring to you the valedictory ceremony
The closing ceremony started with the ki2nd words of Justice Naolekar who congratulated the organising team for successfully hosting the tournament. There were also speeches by Prof.(Dr.) S.S Singh and by Prof. (Dr.) Surya Prakash, the faculty in-charge. This was followed by an enlightening speech by Justice A.K Gohil. Mementos were then distributed to all the esteemed guests.
The winners were declared and the awards were as follows. The best client-counsel award was given to NALSAR, Hyderabad. The mediator award was given to NALSAR, Hyderabad as well. The award for the Spirit of Tournament was given to American University of Afghanistan.
The ceremony ended with a speech from the Co Convernor of the ADR Cell Sakshi Malhotra giving the vote of thanks to the participants, as well as all the organisers for the successful completion of the tournament.
We are proud to have thus concluded the 5th NLIU-INADR Mediation Tournament. We would like to congratulate all the winners We would like to thank all our esteemed judges for having taken out the time for this event and to provide us with priceless feedback and suggestions.
A special shout out to all the members of the Alternate Dispute Resolution Cell for keeping everything together, so that the event could run smoothly and to all the volunteers who worked tirelessly without complaint.
In the end we would like to thank you the readers who took out time to follow us and until the next year this is the Media Team signing off.
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