It's that time of the year again! National Law Institute University, Bhopal is all set to flag off the fourth edition of INADR International Law School Mediation Tournament, 2015, from 27th November to 29th November 2015. Maintaining its long tradition of hosting a one of its own kind of tournament, this is the largest mediation competition witnessed by law schools all over the country. What makes INADR stand out among the rest is the fact that it sees participation from many law colleges beyond India too. So, the tournament is a well sought after affair for all.

INADR is modeled upon the rules and pattern used by the International Academy of Dispute Resolution (INADR); where there is a training session for all the participating teams by them. We are proud to host many teams this time, with a promise that this edition shall be more successful than the previous tournaments held by NLIU, all being a resplendent affair in themselves. 

The teams that will be mediating their best at the tournament this time are-

1. Washington College of Law

2. University of New South Wales

3. College of Legal Studies, UPES, Dehradun

4. Damodaram Sanjivayya National Law University

5. Dr. Ram Manohar Lohia National Law University

6. Gujarat National Law University

7. Institute Of Law, Nirma University

8. M.S. Ramaiah College Of Law, Bangalore

9. Nalsar University of Law

10. National Law School of India University, Bangalore NLSIU

11. National Law University, Delhi

12. National Law University, Jodhpur

13. National Law University Odisha

14. School of Law, Christ University

15. Symbiosis Law School Pune

16. Osmania University - College of Law

18. V.M. Salgaocar College of Law

We wish all the best to all the participating teams, with a hope that this time, the Mediation Tournament shall be bigger and better! And as we are saying it this time, #ThatsHowYouDoIt !

Inaugural Ceremony 

The 4^th NLIU-INADR International Law School Mediation Tournament, hosted by National Law Institute University, Bhopal in association with the International Academy of Dispute Resolution (INADR), commenced with the inaugural ceremony on 27^th November 2015, which was attended by the judges and participants of the tournament and the students of NLIU.

The ceremony itself started with the lighting of the lamp, by Mr. H. Case Ellis and Mr. Thomas Valenti from INADR, and Prof. (Dr.) S. Surya Prakash, (Faculty In-charge, Alternate Dispute Resolution Cell, NLIU Bhopal). This was followed by a welcome speech from Dr. Surya Prakash, who emphasized the growing importance of mediation as an alternative to litigation, especially in today’s dynamic legal scenario. Mr. Case and Mr. Valenti expressed their delight on coming back to Bhopal and were optimistic about the success of the event and were glad to see the eager participants. The ceremony ended with a note from Harkiran Singh Chima, Convenor, Alternate Dispute Resolution Cell, who reiterated the rules, format and schedule of the tournament and wished good luck to all the participants.  

Training Sessions - Day 1.

The first day of the Mediation Tournament ended with a very informative and useful training session organized under the aegis of the INADR. The participating teams got a taste of how the competition shall pan out for the next two days. The aim of the three training sessions was to prepare the teams for better coordination and strategizing, so that they can put their best when the rounds start from tomorrow. There was an extensive question and answer round, where the participants clarified their basics from Mr. Tom and Mr. Case.

The session was a fruitful endeavor as it brushed up the fundamental tenets of mediation for the teams, which will surely assist them not only for this tournament, but even for their future in the field. The rounds begin from 12:00 hours from tomorrow, and the Media Team shall be keeping you abreast with all the developments. Check out our Facebook page for more pictures and videos!

https://www.facebook.com/nliumediation/?fref=ts&ref=br_tf

Day 2: Get, Set and Mediate!

Welcome to the 2nd Day of the NLIU-INADR Mediation Tournament! Today we began with the training session at 9:00 hrs which was followed by the release of the confidential information for Round 1. The Judges have been briefed and and we have commenced with Round 1. Stay tuned!

So here's how the problem goes. 

Footballer De Dea is a worldwide famed footballer, and plays from Fanchester United, pursuant to a contract between them. The terms focus upon his salary, image rights, taxation, and failure to comply would amount to a breach of contract. Meanwhile in light of the rising popularity of De Dea, another Club, Great Madrid, contacted both De Dea and Fanchester United to sign him. The manager of Fanchester is furiously against losing his best player, but the Club being cognizant of De Dea’s desire to leave the Club, agrees to honour the same. But due to some procedural irregularity, De Dea couldn’t be transferred and the window for transfer has been closed. There were disputes post the fall out and speculations were raised that this was a deliberate attempt to prevent De Dea from joining the Great Madrid. This dispute was further aggravated when De Dea was not included in a team, which Fanchester United claims is due to an unrecovered injury. De Dea was replaced by the manager by Moreno, the second best. De Dea requested the manager to be allowed to play, but was met with reluctance on pretext of unfitness. Outraged, he stopped coming for the training, and was slapped with a fine and no salary. The dispute is submitted for mediation. Quite an incentive for all our football fanatic fans participating this time!

12:30

UPES v Symbiosis Pune

The mediator quotes " The single biggest problem in communication is the illusion that it has taken place" Many other follow.

NALSAR v NLU Jodhpur

The discussion on mental unfitness of the player is heating up, and they've asked for incentives.

NALSAR v Symbiosis Pune

Our first caucus has been called!  

And caucuses are being called everywhere! The mediators have a tough time ahead!

12:45

Nirma University v. Christ University

Caucuses have been released! Nirma has started with its opening statement. Christ vehemently disagrees on a proposition and is countered on an equally belligerent note by Nirma. Tension seems to rise! Finally both parties agree to negotiate. Christ is unable to come up with something novel and is a victim of circumlocution, making no coherent and new point.

Washington College of Law v V.M Salgaocar College

There is a possibility of impasse cropping up! Caucuses are called up by Salgaocar College as there seems to be no compromise in sight.

GNLU v Osmania

Agreement on most of the terms but wages still an issue of contention

DSNLU v South Wales

Pricing for the player is being contended upon, one side asking for much more than what the other is ready to concede on!

13:00

NALSAR v NLU Jodhpur

They seem to be coming to a consenus! They say they are open to more options..

NLSIU v Christ University

The teams are getting emotional and just stated that their priority is money.The claimants continue to use their emotions as a way to try and get more money.  The judges can also see through the unrequired emotional drama and are getting bored amd losing interest. Advocate asks that De Dea wants an interim contract with Fanchester and wants his salary to be increased to 250 million pounds per week which is a five times increase.

NLU Delhi v M.S. Ramaiah College of Law

The claimants have demanded 1) per week salary 2) Renegotiation for the money. They have put up their demands quite unequivocally and surely mean business!

UPES  v NLU Jodhpur

Requesting increment in weekly salary of the client. Finishing off with their final agreed terms.

M.S. Ramaiah College Of Law v. NLU Delhi

Van Ball (MSR) wants De Dea to stay and says that the team cannot afford to lose the player.  
But they are ready to let him go if he pays exemplary damages. the outcome was that negotiations got it down it 250,000 demanded, 200,000 offered, still not settled. 

Opt out clause (the other club will pay a compensation of 25 million [open to negotiations] pounds and De Dea will be allowed to leave without breach of contract) demanded and accepted. 
Tenure be discussed later.

End of Round 1

It seems to be a good day for mediation! The folllowing teams have reached a coherent consensus

NALSAR v NLU Jodhpur

Nirma v NLU Orissa

UPES v Symbiosis Pune

The room with NLSIU and Christ University saw some drama using an emotional angle to gain leverage, causing the mediator to confuse his stand. 

It's been an eventful morning indeed, and with everyone hungry with all the argumentation, we break for lunch. We shall see the release of the confidential information for Round 2 at 15:00 hrs. The  Media Team will resume after some delicious re-fuelling.

See you at 16:00 hrs!

Welcome to Round 2 Folks!

With the teams having polished their arguments and renewed their strategies, we have begun our Round 2 for Day 2! 

So here's what the teams will be mediating upon in this Round-

Sunset Villas cater to the residential accommodation for the retired, and has threatened to sue Jody Jarvis, owner of Hip Hop Extreme, a nightclub. The claim is that it creates nuisance, is in violation of local noise laws, and is detrimental to the image of the Villas. The police lacked any instrument to measure the noise intensity, and hence are unable to deal with the nightclub despite many complaints. There have been many skirmishes between the residents of Villa and the club. A local TV station did an expose operation on the club, which generated a lot of negative publicity, hence resulting in cancellation of an appearance of P Dawg and the Gangstas and thus a loss of revenue to the club. Both the parties to dispute submit to mediation.

Let's see how the teams reach an amicable agreement through mediation.

16:00 hours

DSNLU v Symbiosis Pune

DSNLU advocate just commented that the police authorities were not on the mood to solve their problems, so they had to resort to mediation. What a reason to mediate! Symbiosis mistakenly addressed her advocate as her client and burst into laughter. Some humor post lunch it seems!

NLU Jodhpur v GNLU

NLUJ contends to have lost reputation and revenue from performing artists.  NLUJ client is being very suave in his language swaying away the mediators. 
Soon after a caucus has been called. That escalated quickly! GNLU says “This is a retirement home and people are here after retirement” *mediator laughs*

Nirma University v Christ University

A caucus has been called already!

16:15 hours

University of New South Wales v Symbiosis Pune

The participant from Symbiosis is on the verge of tears! Quite an emotional drama at play in this room.

Christ University v NLU Orissa

Parties are manufacturing facts and trying to be innovative. They are encouraging the parties to celebrate a 'St. Patrick's Day'! Talk about festivity and mediation!

16:30

RML v UPES

Mediator says she is not here to play 'God'. Both parties cooperate and call for a caucus. 

Swing v UPES

Claimants do not want to be straitjacketed by the law. If the allowed sound limit is 92 and claimants play music at 91.9, it shouldn't restrict them! "We respect your right to business, please respect our right to life"

NALSAR v NLU Delhi

Another caucus called! Is a consensus to be seen anytime soon?

17:00

GNLU v NLUJ 
Hard attempts by NLUJ to please and charm the mediators in progress.

Christ University v Nirma

After the caucus lapsing, the issues of unnecessary noise and unreasonable attitude of residents are being discussed.

NLU Delhi v NALSAR

The teams put up alternatives for the compensation asked for earlier. 

UPES v RML

The stance that the teams are taking are no longer soft or subtle. They are going full steam ahead! 

17:15

GNLU v NLUJ

All the terms regarding payment, sound noise levels and lights have been settled. They have reached to a conclusion and an agreement is signed between them.

NLUO v NLSIU

NLS wants clarification on the issue of media and  that they don't want to take the issue to the court.Rather they wish to be compensated and want them to reduce the volume of the music and install sound proof equipment and to not repeat this stuff at any cost. Quite a demand for the retirees!

 

17:30

 

RML v NALSAR

They have finished their session, and the judges wanted to know what the particpants learnt from this round and if it was better than the previous one. An exhaustive feedback from our judges would certainly be fruitful to the participants.

 

Our team is now receiveing reports that the sessions have ended in a lot of rooms and they're wrapping up! With teams having reached an amicable consensus, the judges provide their invaluable feedback, and tips for future particiaption.

 

And... SCENE!

We draw the curtains on what has been an exhausting but eventful day. We look forward to an equally amazing Day 3 tomorrow.

The Media Team takes your leave for today, and we hope to see you tomorrow! #ThatsHowYouDoIt

 

 

Day 3: Welcome to the Final Day!

We enter the the third and final day of the NLIU-INADR Mediation Tournament, and what an event indeed!

 

This round, we have a dispute between a blind woman and a University. There was some underground electrical wiring that was being laid down, and for the purpose of the same many manholes were constructed. There were many warning signs, but not adequate enough. The plaintiff is a blind woman who fell in one of the manholes and sustained some serious injuries. She used to teach part time at the University and had to give up her job. She is totally dependent on her son now. She is quite depressed and seeks to recover the medical bills. Hence, they resort to mediation. Lot of emotionally charged participants!

10:00

 

NLSIU v NLU Delhi

The counsel started crying.. Sympathy and drama!

 

NALSAR v Christ University

The team offered roses to mark the beginning of their session... because life is not a bed of roses!

 

10:00

 

NALSAR v Christ University 

Clients shedding tears... emotions all over!

 

UPES v DSNLU

The respondents are very sorry for what happened to the claimant, but are also very concerned about their reputation. The respondents are reluctant for litigation of any sort, and really want the matter sorted. 

 

10:30

 

GNLU v Symbiosis Pune

We are sure the clients have watched the movie 'Black' many times! 

 

Nirma v Swing

First caucus is over already!  

Offers! Offers! Offers! Employment opportunities for both the blind woman and son, which they don't seem too interested in.

 

10:45

 

Nirma v Swing

Develpoments in this room! The employment offer is agreed to and the son's education will be sponsored till 18 years of age! The other team seems generous here...

 

11:00

 

GNLU v Symbiosis

The cat is  finally out of the bag! The blind client of Symbiosis says that she has less than two years to live and her son will be forced to live in penury later. All that GNLU could come back with is "Please look ahead of your life." Not something you would say to an injured and infirm blind woman!

 

VM Salgaocar v UPES

Mediators have called for a second caucus because things are getting too heated up and no one is budging upon anything!

 

11:15

 

NLSIU v NLU Delhi

After the mother's touching performance, the other team calls for a cuacus and asks the mediators to respect their stand. They want them to know that they empathize, but also wish to settle this issue.

 

NLU Jodhpur v University of New South Wales 

The teams are playing all their cards really well for a higher compensation. The client has quite a breakdown, where the mediators have to calm her down.. She says she doesn't have more than two years to live.

 

11:30 

 

UPES v DSNLU

"Sympathy won't feed my son!" Serious spite from the blind woman plaintiff. Let's see how her bitterness is tackled by the other side.

 

NLU Jodhpur v University of New South Wales

The defendants are displaying their inability to accomodate further on compensation during the second caucus. 

 

11:45

 

The rounds are ending, and teams are now coming out of their rooms, after what seems to have been an emotionally charged session. 

 

As we now eagerly await the results, we break for lunch and will resume at 14:30 with the release of the confidential information for the Finals. Watch this space! 

 

 

 

And the results are here! 

After three gruelling rounds in two days, here are the teams that we shall see lock horns in the finals:

 

Top 4 advocate-client teams

1. NLU Jodhpur

2. University of New South Wales

3. NLU Delhi

4. Christ University

 

Top 4 Mediation Teams:

1. Washington College of Law

2. NLU Delhi

3. NLU Jodhpur

4. GNLU Gandhinagar

 

 

 

We're back for the final rounds!

The confidential information has been released and we're all geared up for the finals!

 

The problem is something like this: The final round problem is based on the age old concept of sibling rivalry. The tiff between two brother Akshay and Varun, regards their online business startup, an online grocery delivery store. Differences started cropping up between them as Akshay wanted to carveout a technology department, which was shunned at by his brother. Later when Akshay brought a business proposal regarding solar energy enterprise, he was again resisted by Varun. Disharmony between the two deepened. On the 10 year anniversary of the company, there was a megasale to be held, but the tech team under Akshay had not anticipated the magnitude, and servers crashed, leading to loss of revenue. Rivalry intensified as one brother asked the other to leave the company. Later, Akshay is contemplating to go on with the solar energy business, but wants to do it under Vanguard, aware of his brother's disinterest. Both siblings resort to mediation.

 

15:30

 

New South Wales v NLU Delhi

The mediators are from Christ university and NLU Jodhpur.The process is such, that the mediators have to be the oil between the wheels. We need to ensure that that there will be no bias.

The NSW client talks about the wonderful times they had together building the company, and expressed regret to be sitting against the other client today.  

 

 

NLU Jodhpur v Christ University

A concise introduction by mediators. Claminant client playing emotional card with her brother and puts across her view eloquently. "Do no doubt our personal relationship, I will always love you and we will always be siblings."

 

15:45

 

New South Wales v NLU Delhi

Major concerns of New South Wales

1. They have debts to pay

2. There can be no failure again with Fisk regarding the solar energy business

3. They don’t want to lose shares of the previous company

4. Diversification is the concern.

5. Varun and the Board are against us.

 

Akshay feels like “his opinions only talk to the walls of the company!” He acts indeed deeply disgruntled.

 

NLU Jodhpur v Christ University

The counsel for Claimant emphasizes on how family is important and everyone else will be involved and there will be less chance for failure. 

 

16:00

 

NLU Jodhpur v Christ University

The counsel for claimants tries to bring legal jargon to which the Respondent intervenes by saying, “Please don’t use legal terms as they scare me!” Smooth evasion! 

 

Claimant’s counsel connects PM Modi’s plan for renewable energy to bolster his claim. Presence of mind- points given!

 

New South Wales v NLU Delhi

 

“Leadership is assumed, not given or taken!” Vociferous mode for NLU D- ON! They want Akshay to stay and work.

Mediator tries to connect by saying “My brother is just like yours, always feels dominated!” Empathy card, well played!

 

 

 

16:15

 

NLU Jodhpur v Christ University

Caucus has been called!

Counsels back on hard facts to try and support their claim and prove that their investment will be secure.

 

New South Wales v NLU Delhi

On the Joint Venture Issue, NSW says that they need clean energy as India lags behind in the same. Cleaner and efficient energy is just what India needs. NLUD still baffled at the idea and maintain that just because India needs it, doesn’t validate their plan for business viability.

 

16:30

 

New South Wales v NLU Delhi

A second caucus has been called.. Let's hope they come to some compromise!

 

NLU Jodhpur v Christ University

The client feels the pressure and vehemently opposes a split. It seems both parties are still not clear of their interests and can't seem to hold their ground.  However, the respondent has a spiritual guru who mentors him and had advised against a split. 

 

 

16:45

 

New South Wales v NLU Delhi

The caucus is over and the team says they are committed to Fisk, and starting from the bottom would be bad for us. 

"100/7 wouldcome to.. Umm.. Ermm.. I don't know.. I was always bad at math, you know that Akshay!"

 

NLU Jodhpur v Christ University

The mediator summarises the arguments and asks the teams about their future, and the respondents are emphasising on him not to resign.

 

17:00

 

Both rooms are reaching final agreements or seeking dates for next mediation. The mediators assure the parties that the sessions have been wonderful and a conclusive agreement could be reached. 

 

The judges will not be providing feedback for this session. We eagerly await the final results and will be back with the valedictory ceremony! May the best teams win!

 

 

Welcome to the Valedictory Ceremony!

 

After two very intense finals, we commence with the valedictory ceremony of the 4th NLIU-INADR International Law School Mediation Tournament, 2015. 

The Convenor of the ADR Cell, Harkiran Singh Chima, started with a welcome address, which was followed by a speech by Prof. (Dr.) Surya Prakash, who tells us that a good mediator becomes a good lawyer, but the reverse may not be true. 

 

A floral welcome was extended to the Chief Guest Justice Satish Chandra Sharma, Prof. Bhavani Prasad Panda, Mr. H. Case Ellis and Mr. Tom Valenti. 

 

Mr Case, in his speech, encourages us to "go make peace in the world, and bring about a change". Mr Valenti delights the crowd by saying "India is my second home, and I share my experiences here"

 

"This day, marks, not only the end of this tournament, but also the beginning of the next edition, which will be bigger and better", as promised in his speech by Shashwat Shekhar, Co-Convenor, ADRC. 

 

The Mediators awards are as follows: 

 

1. Kelsey Larssen

2. Sonal Bhargava

3. Vardhaman

4. Martha Kremisis

5. Dina Navar

6. Shuchita Goel

7. Kushagra Agarwal

8. Lakshana Radhakrishnan

9. Surabhi Lal

10. Judith Stephens

 

The Client Advocate Awards went to

 

1. NLU Delhi

2. NLU Jodhpur

3. Christ University

4. University of New South Wales

5. NLSIU

 

The Mediation Team Awards were given to:

 

1. NLU Jodhpur

2. Washington College of Law

3. NLU Delhi

4. Christ University

5. GNLU

 

The ceremony ended with speeches from our guests, Prof B.P. Panda (Director, MNLU) and Hon'ble Justice Satish Sharma their congratulations to all the participants.

 

 

NLIU Bhopal is proud to have thus concluded the 4th NLIU-INADR Mediation Tournament. We congratulate all the winners and wish good luck to all the participants. We thank all our esteemed judges for having taken out the time for this event and to provide us with invaluable feedback and suggestions.

 

We thank the members of the Alternate Dispute Resolution Cell for providing everyone with the guidance and keeping everything together, so that the event could run smoothly. A special shout out to all the volunteers for all the running around we made them do!

 

It was great fun live-blogging this event for you, and until next time, the Media Team takes a bow.