Experts & Views
4th NLIU INADR International Law School Mediation Tournament- Live!
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 4th 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 27th 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
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!
threads most popular
thread most upvoted
comment newest
first oldest
first
threads most popular
thread most upvoted
comment newest
first oldest
first