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PART -II
ROLE PLAY
PARTIES INVOLVED:
♦ INTRODUCTORY SESSION
♦ PRESENTING SESSION
♦ CAUCUS SESSION
♦ CONSENSUS SESSION
♦ SETTLEMENT /CONCLUSION SESSION
⮚ SETTLEMENT DEED
⮚ DECISIONS
⮚ STUDENT DETAILS
⮚ APPENDIX
ALTERNATIVE DISPUTE RESOLUTION
Its diverse methods can helps the parties to resolve their disputes at their own
terms cheaply and expeditiously. Alternative dispute redressal techniques are in
addition to the Courts in character. Alternative dispute redressal techniques can
be used in almost all contentious matters, which are capable of being resolved,
under law, by agreement between the parties.
The Supreme Court made it clear that this stage of affair must be addressed: 'An
independent and efficient judicial system in one of the basic structures of our
constitution... It is our Constitutional obligation to ensure that the backlog of
cases is declared and efforts are made to increase the disposal of cases . "Wide
range of process are defined as alternative dispute redressal process often,
dispute resolution process that are alternative to the adjudication through Court
proceedings are referred to as alternative dispute resolution methods. These
methods usually involve a third party referred to as neutral, a skilled helper who
either assists the parties in a dispute or conflict to reach at a decision by
agreement or facilitates in arriving at a solution to the problem between the
party to the dispute. The alternative disputes resolution mechanism by the very
methodology used, it can preserve and enhance personal and business
relationships that might otherwise be damages by the adversarial process. It is
also flexible because it allows the contestants to choose procedures, which fir
the nature of the dispute and the business context in which it occurs. The term
"Alternative Disputes Resolution" takes in its fold, various modes of settlement
including, Lok Adalat, arbitration, conciliation and Mediation.
This technique of Alternative Disputes Resolution has been used by many
countries for effective disputes resolution. The most common types of
Alternative Disputes Resolution is Mediation. In, fact mediation had been
described by some as the most Appropriate Dispute Resolution method.
Mediation as a tool for dispute resolution is not a new concept. To put it in
simple terms, mediation is an amicable settlement of disputes with the
involvement of a neutral third party who acts as a facilitator and is called a
'Mediator". ADR is usually less formal, less expensive and less time consuming
then regular trial. ADR can also give people more opportunity to determine
when and how their dispute will be resolved.
CONCEPTS OF ALTERNATIVE DISPUTE RESOLUTION
⮚ ARBITRATION:
⮚ CONCILIATION:
⮚ MEDIATION:
⮚ NEGOTIATION:
⮚ LOK ADALAT
In the case selected, Mediation is the best option that the parties can choose to
solve their dispute. We opt for Mediation as the suitable mechanism for resolving
the disputes arising from the context. Mediation is an Alternative Dispute resolution
where a third neutral party aims to assist two or more disputants in reaching
agreement. It is an easy and uncomplicated party centered negotiation process
where third party acts as a mediator to resolve dispute amicably by using
appropriate communication and negotiation techniques. This process is totally
controlled by the parties. Mediator’s work is just to facilitate the parties to reach
settlement of their dispute. Mediator doesn’t impose his views make no decision
about what a fair settlement should be.
1. Opening statement
2. Joint session
4. Closing
At the commencement of mediation process, the mediator shall ensure the parties
and them counsels should be present. Initially in the opening statement he furnishes
all the information about his appointment and declares he does not have any
connection with either of parties and has no interest in the dispute. In the joint
session, he gathers all the information, understand the fact and issues about the
dispute by inviting both the parties to present their case and put forward their
perspective without any interruption. In this session, mediator tries to encourage and
promote communication and manage interruption and outbursts by the parties.
Next is separate session, where he tries to understand the dispute at a deeper level,
the parties of their respective cases. After hearing both the sides, mediator starts
formulating issues for resolution and creating options for settlement.
It is a procedure in which the parties discuss their disputes with the assistance of a
trained impartial third person(s) who assists them in reaching a settlement. It may
be an informal meeting among the parties or a scheduled settlement conference. The
dispute may either be pending in a court or potentially a dispute which may be filed
in court. Cases suitable for mediation are disputes in commercial transactions,
personal injury, construction, workers compensation, labor or community relations,
divorce, domestic relations, employment or any other matters which do not involve
complex procedural or evidentiary issues. Attendance at the mediation conference is
voluntary by the parties, except were governed by statute or contract clause.
The mediator is a person with patience, persistence and common sense. She/he has
an arsenal of negotiation techniques, human dynamics skills and powers of effective
listening, articulation and restatement. The mediator is a facilitator who has no
power to render a resolution to the conflict. The parties will fashion the solution as
the mediator moves through the process. In many jurisdictions the mediator is an
attorney but cannot give legal advice while in the role of a mediator. However, the
mediator's subject area expertise may be beneficial to the parties in wording and
framing the mediated agreement or in circumstances where the parties are open to
neutral case evaluation.
PROBLEM
PARTIES:
1. Mrs. K.S Abhirami -Aggrieved Party [AP1]
2. Hyundai Motors -Defending Party [DP1]
3. Singular Hyundai -Defending Party [DP2]
INTRODUCTORY SESSION
(Two Scenes)
SCENE I
[All Negotiators and the Mediator join at the mediation room and exchange greetings
and pleasantries within the group. The Mediator requests all attendees to be seated; he
formally greets all of them.]
(Mediator kicks off the meeting with a formal introduction of herself detailing her
credentials. she then for the purpose of records requests each member to formally
introduce themselves).
Mediator: Good Morning All. I am Sangeeth Mohan, a practicing lawyer and the
Mediator for this case. I have been practicing as a Mediator for the last 6 years. As
your Mediator I am here to resolve the disputes between both the parties and to reach
at an amicable settlement for the same. You can feel free to address your respective
grievances and issues based on your reasonable interest. As a Mediator I promise to
act in an independent, confidential, and impartial manner and also will be binding by
the principles of objectivity, fairness and justice while reaching a proper settlement
for resolving the disputes between you. First of all, I should clarify that I have no
connection with this case. I will do everything in my power to assure that the process
remains confidential. Our goal here is to reach an agreement. As we had already
reached a a consensus regarding the fees of this mediation, we shall move on to the
proceedings. So before we begin to discuss and resolve the issue at hand, both of you
can introduce yourself and your respective involvement and interest in the matter.
SCENE II
[The participants start to introduce themselves, starting with Mrs. Abhirami K S.]
PRESENTING SESSION
(Five scenes)
SCENE III
Mediator: Well, as both of you have introduced yourself let’s move to the issue at
hand. But before that there are certain things that you have to keep in mind during the
proceedings. As you already know I will be leading to the sessions. You have to
understand that both will be getting their respective chances to present your scenarios
such that refrain from all possible interferences. Both of you have to keep the
decorum and let's conduct this session civilly and peacefully.
[Mr. Abraham getting ready for her oral submissions]
Respondent: Being the manufacturer of the car, we acknowledge the fact that the
size of the spare wheel is small when compared to the other wheels. But that doesn’t
justify the petitioners claims.
Petitioner: The respondents are accepting that they had provided spare tyre of small
size and now claiming that the arguments raised by me are false. This clearly shows
their attitude. Are they doing this fearing that I would expose their shenanigans?
Respondent: The petitioner is making baseless claims. We are interested in
continuing in this mediation, if and only if the petitioners are maintaining civility. We
are ready to hear anything said by her, but we cannot tolerate baseless accusations
raised against our company.
Petitioner: I can only reach a settlement where I can get a monetary compensation of
rupees five lakhs from these people who cheated me.
Respondent: Getting a spare tyre that would serve the purpose can be a legitimate
expectation. How can this be a legitimate expectation? Moreover we are selling this
vehicle after getting all the clearances from the government. So there is nothing
illegitimate.
SCENE-IV
Petitioner: You never told me about the fact that stepney wheel is of lesser
circumference when I approached you to buy your car.
[Respondent advocate shakes his head and shows her complete disagreement with
Mrs.Abhirami K S and strives forward with her arguments.]
Respondent: We may not have said that. But it is the obligation of the buyer to
enquire about the specifications. As a lawyer, the respondent is well aware of this
legal principle, i.e Caveat Emptor
Petitioner: I know what Caveat Emptor means. Its a rule stating that the buyer has to
be beware. But this rule has got certain exceptions. as a lawyer you should be also
aware about it. When there is a specification, which in the normal course, the buyer is
unable to know; then the seller has to disclose it, if he is having knowledge about it.
Respondent: As a lawyer I’m well aware of this exception. But her claims are
wrong. I can prove it with evidence, if you allow me.
SCENE-V
Respondent: The petitioner said that she wasn't specifically informed about the
specification. That's wrong. All those information are available in the public domain.
Our website specifically shows that. Here is a printout of the same.
(Respondent handovers a copy of the same to both the people)
It is very much evident from this that these informations can be easily accessed from
our website. So petitioners claim does not have any backing and hence is baseless.
Petitioner: Okay i agree. But when I visited their showroom, their sales person
approached me and said several features of the tyre. But he never mentioned about
this. Which means they are willfully concealing this.
Mediator:So, are neither of you willing to take a step back on your demands?
Petitioner: I am not keen on a filing litigation but you have to admit that my claims
are legitimate and I deserve compensation
Mediator: Now you can tell me whatever you want and this will not reach the ears of
the other party.
Petitioner: Thank you. Actually it relates to my medical condition and I did not want
Mr. Abraham to know about it.
Mediator: Oh, I see. And Mrs Abhirami, now you can tell me right?
Petitioner: The fact is that I have episodes of panic attack and when I found out that
the stepney tyre was of smaller size I was on my way back from work at night. The
tyre of my car got punctured and I was going to replace it.
Petitioner: Exactly, imagine having a panic attack in the middle of the night in a dark
and lonely road. How dangerous it was!!! This is also why I am so angry and wants to
get compensation.
Mediator: Yes, I see your point. So you will not take a step back even if it leads to
litigation?
Petitioner: I really don’t want to get tied up with legal proceedings but the fact is that
they are still not acknowledging their faults and are still unwilling to even replace the
stepney wheel.
Mediator: Indeed they are denying any liability. But if you really do not want to be in
a law suit you should suggest your least demands and try to reach a settlement. Do you
have anything else to say in this CAUCUS session Mrs. Abhirami?
Petitioner: No
SCENE-VII
[Mediator suddenly felt that there is a slight possibility resolving the conflict]
Mediator: I have heard both sides and from what I understand both of you wish to
settle this dispute without any hassles. So Mrs. Abhirami let’s start with you. Now
that you have said everything you wish to say and have heard the responses of the
respondents, how would you like to solve the issues?
Petitioner: Alright I will take a step back. I will settle with them replacing the
Stepney wheel with one of alloy that is similar size to the other tyres.
Mediator: Wonderful! Now that Mrs. Abhirami has taken a step back, what do you
have to say to that, Mr.Abraham?
Respondent: But we haven’t done any wrong so why should we replace her tyre?
Petitioner: This is exactly what I have been telling. They are still unapologetic. Fine! I
haven’t been meaning to tell you but I had a panic attack because of your stupid tyre.
Respondent: What!
Mediator: Both of you please calm down. Please take a deep breath and settle your
minds.I know there are some mistakes from the part of both of you but we have an
option to resolve this conflict now and let us try to achieve that.
CONSENSUS SESSION
(Two Scenes)
SCENE VIII
Mediator: See OUR GOAL is a resolution that would be arrived at only by building
consensus. One thing I noticed is that both of you really want to resolve this conflict
without approaching the court. So can’t you make some adjustments in the matter.
Respondent: I am really sorry about your incident. I did not know about it.
Mediator: Mrs. Abhirami, they have apologised for what happened to you. So do
you still stand by your offer to settle this matter with a replaced stepney tyre of same
specifications as the main ones?
Mediator: And Mr.Abraham, how about you? Are you willing to accept her claim?
Respondent: I am once again sorry for what happened. Alright we will also accept
Mrs Abhirami’s claim and replace the stepney.
SCENE IX
Mediator: Mrs. Abhirami, please try to find everything about a product you are
about to buy and not wait for the sellers to tell you everything.
Petitioner: Okay it’s just I thought they would be more candid.
Mediator: Also, Mr. Abraham, please be more upfront about any features of the
products which deviate from common expectation.
Respondent: We have always been upfront about our features but we will also take
additional care to bring such things to the notice of the customers.
Mediator: I appreciate all of you. It appears that we are in a happy mood, a position
to arrive at a consensus on the key issue that we discussed today. As we know
discussions are always better than arguments, we proved it once again. Thanks to all.
I would like to read the settlement arrived at today for further proceedings.
I ALSO WANT TO THANK EACH PARTIES WHO MADE THIS MEDIATION A SUCCESS AND
THE TERMS AND CONDITIONS ON WHICH ISSUES IN THIS MEDIATION WAS SETTLED IS
LISTED BELOW WITH THE PARTIES ACCEPTANCE.
SETTLEMENT CONDITIONS
SIGNATORIES
SANGEETH MOHAN
(MEDIATOR)
Date
DECISIONS
At this juncture both the parties have agreed on the following conditions for sorting
out the difference between the two. The conditions arrived at this session will be
entered in writing to deal with any future issues regarding the same. The common
points flagged may be summarised as follows. (Recording the settlement in the form
of an arbitral award on agreedterms under Sec.30 (2) of the Arbitration and
Conciliation Act, 1996)
AP1- DP1-
DP2-
IP-
STUDENT DETAILS
UNIVERSIT
S CLASS Y
NAME ROLE
L ROLL REGISTER
ASSIGNED
N NO NUMBER
O
:
DEFENDI
NG
1. 03 ABRAHAM J 47318551003
PART
KANIYAMPADY
Y
(Mr.
Abraha
mJ
Kaniya
mpady)
MEDIATOR
2. 47 SANGEETH 47318551048
(Adv. Sangeeth
MOHAN
Mohan)
AGGRIEVED
3. 5 THEERDHA P 47318551055 PARTY
4 NAIR
(Mrs.
Abhirami K
S)
APPENDIX
https://www.hyundai.com/in/en/find-a-car/creta/specification: