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An estimated 17-minute read
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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. 

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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.

 

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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/nliumediation/

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

The mediator is playing an active role in this room; definitely talking more than the teams. He tells the teams that they are all hanging from a cliff and that he has thrown equal sized ropes to both the parties. 
 
UPES v. UILS
 
The client, Arthur from UPES is playing the emotional card and is very troubled on account of the repeated household chores he was asked to do. The counsel for Arthur reprimanded the fraternity by saying, "You should have shown love towards Arthur back at the Fraternity. Do you want him to only be a brother, not a successful human, "
 
NUJS v. NALSAR
 
The counsel seems to be more unstable than the client in this room! He is displaying a wide range of emotions which the client seems to entirely lack.

Charles University. v. American School, Afghanistan

Both the teams are voicing their opinions and have really taken to their roles. However, they are not getting carried away and giving each other a chance to speak. (A virtual hi-five to these mediators!) 
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GNLU v. Christ University 

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 

Emotions are running high in this room. The client has gone so far as to say that it is the counsel from the other side who has psychological issues and should consult a doctor.
 
NUALS Kochi v. ULC, Bangalore
 
The fraternity is willing to offer internships and a job to Arthur for his loss suffered. 
 
UPES v. Jindal
 
The mediators are handing out business cards to the teams! Nice touch there.The round has concluded. 
 
NUSRL v. New Law College
 
Parties have settled for one million and are now signing the agreement. The mediators are making their closing statements. 
 
 
After a lot of drama and mediating the rounds have ended.  Round 2 shall begin shortly. 

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'

NLU Jodhpur v American University of Afghanistan
 
The claimant is asking for $10,000 in advance and a caucus has been called for.
 
NALSAR vs Faculty of law, DU 

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

After a round of allegations, an impasse seems to have arisen. NUALS have called for a caucus.
 
HNLU v NUALS
 
HNLU refuses to pay compensation for losses in business but are willing to pay for 'mental agony', which NUALS haven't asked for.

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.

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 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

And we're off. The mediators have commenced proceedings.
 
HNLU v Christ University
 
Mediators have given their opening statements.The claimants express their fear of being marginalised.
 
NLS v UILS

NLS in its opening speech said - " My name is Alfaaz and I'm not a terrorist." 

NLUO v American University of Afghanistan

NLUO's client points that due permission required to construct a place of worship was taken and the only way to explain this kind of reaction is that American Islamophobia.
 
UPES vs Osmania University, Hyderabad
 
The counsel for UPES has been aggressively speaking to the Mediator expressing his fear for Muslims' safety.
Osmania university have put great suggestions forward. However they have slipped up which UPES has capitalized on.
 
School of Law, Christ University v. UPES
 
A war of words has broken out with allegations being thrown left, right and centre.
 
NLS v UILS
 
A caucus has been called. UILS is appalled at the way it is being treated by NLS.
 
NLSIU v Symbiosis
 
NLSIU's Client says these are difficult times as the country has elected '' a racist, bigoted carrot''
 
 
Jindal VS NLSIU
 
Parties are contemplating about setting up a committee for places of worship .As the session deviates, mediators call for a caucus with the claimants.
 
NLS v. UILS
 
The reason they want to build a mosque in Newton County is that they are short of space for a new place of worship. They are willing to make roads around the mosque which might cost 150$ but would be for the betterment of the community. NLS has offered to have community lunches together where they could discuss any point of dispute that may arise.
 
NALSAR vs GNLU
 
NALSAR says they'd rather go for litigation than settle for anything less.
 
NLUJ v. NUALS
 
NUALS' counsel, citing the example of Babri Madjid said that the construction of a mosque will lead to a public outrage.
 
NLS v. UILS
 
The counsel from NLS reveals that UILS has been racially profiling them and their demeanor is hurtful. The mediator asks both the teams to be careful with their words as both of them are being aggressive and acrimonious.
 
NLUJ v. NUALS
 
Looks like NUALS has misunderstood the roles to be played.
 
NLUO v. NUJS
 
NUJS has threatened to go to court if not allowed to build the mosque while NLUO is pleading with them not to.The counsel of NUJS has not uttered a word so far!
 
NALSAR vs GNLU
 
All the conditions have been agreed upon and an agreement has been signed. NALSAR's counsel blew a flying kiss at the other team.
 
Christ University v UPES
 
Finally the parties are open to negotiations and settlement. 
They've agreed on building the Mosque alongside a cemetery and a school. And the leader of the mosque has presented a city development plan for the betterment on the county.
 
NLUJ v. NUALS, Kochi 
 
The parties seem to be more interested in a blame game than reaching a solution.
 
WIth some riveting sessions, the third preliminary rounds are over. Very soon the top 4 teams that have qualified for the fiinals would be announced and post lunch the final rounds will begin. Take a break and be back for more action.
 
The results for the qualifying teams are out.
 
The top 4 qualifying medtors are (in no particular order) -
 
1. School of Law, Christ University
2. NLU Jodhpur
3. Jindal Global Law School
4. NALSAR
 
The top 4 qualifying Client-Counsel teams are-
 
1. Symbiosis,Pune
2. NUJS, Kolkata 
3. HNLU, Raipur
4. NALSAR
 
The confidential information is out and the teams are prepping for their rounds. 
 

THE FINAL ROUNDS 

4:00 pm

The problem for the final round is as follows - 
 
"Plaintiff Fred/Freeda Blackman was injured on the job at a manufacturing plant, while operating a machine manufactured by the defendants, called "caterpillar hand off unit" or "puller".
The machine had two sides both could be opened but one side automatically shut down the machine, the other non-operating side did not.The plaintiff was trying to repair the machine from the non-operating side and got her hand cut off.
Work compensation paid her certain amount for the medical procedures but because of the injury she has a lower paying job.Now the plaintiff claims compensation for the lack of safety systems in the machine.The defendant takes the defence on the ground that the plaintiff knew about this and therefore their part in the negligence was more than 51%.
The case is now being mediated."
 
 
 
The finals are between NUJS KOLKATA vs HNLU RAIPUR and Symbiosis Pune vs NALSAR
 
 
 
NALSAR v. Symbiosis 
 
The NALSAR client-started with a life back story and used it to establish the importance of her job as she is the sole bread winner of her life. She moves onto the incident and explains the physical and mental injuries suffered by her.
 
NUJS v. HNLU
 
NUJS has explained the process of mediation. But it was NUJS has set the agenda, explaining the benefits of mediation. Emphasising on the principles of confidentiality, cordiality and fairness, she is hopeful of a positive outcome.
 
NALSAR v. Symbiosis 

Symbiosis 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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