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ROLE PLAY
Parties Involved:
1. Mr. Anil Kumar T S S/O C Somasekharan Nair, residing at Makam, A1/C,
Chitranagar Vattiyoorkavu P O Thiruvananthapuram- The Petitioner
2. Mrs. Sreelaja D/O Sarojini Amma, T C No 5/2278-3KNRA-49 Sreeragam
Kadappathala Nagar Kowadiar P O Thiruvananthapuram- The Respondent
SUBMITTED BY:
Anamika :47118551010
Nima Meriyam Koshy :47118551042
Sanjana P S :47118551049
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LIST OF CONTENTS
GENERAL INTRODUCTION ON ALTERNATIVE DISPUTE
RESOLUTION (ADR)
FACTS IN ISSUE
INTRODUCTORY SESSION
PRESENTING SESSION
CONSENSUS SESSION
DECISIONS
STUDENT DETAILS
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ALTERNATIVE DISPUTE RESOLUTION
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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.
ARBITRATION:
CONCILIATION:
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their differences. They do this by lowering tensions, improving communications,
interpreting issues, providing technical assistance, exploring potential solutions
and bring about a negotiated settlement. It differs from Arbitration in that.
Conciliation is a voluntary proceeding, where the parties involved are free to agree
and attempt to resolve their dispute by conciliation. The process is flexible,
allowing parties to define the time, structure and content of the conciliation
proceedings. These proceedings are rarely public. They are interest-based, as the
conciliator will when proposing a settlement, not only take into account the parties'
legal positions, but also their; commercial, financial and /or personal interests. The
terms conciliation and mediation are interchangeable in the Indian context.
Conciliation is a voluntary process whereby the conciliator, a trained and qualified
neutral, facilitates negotiations between disputing parties and assists them in
understanding their conflicts at issue and their interests in order to arrive at a
mutually acceptable agreement. Conciliation involves discussions among the
parties and the conciliator with an aim to explore sustainable and equitable
resolutions by targeting the existent issues involved in the dispute and creating
options for a settlement that are acceptable to all parties. The conciliator does not
decide for the parties, but strives to support them in generating options in order to
find a solution that is compatible to both parties. The process is risk free and not
binding on the parties till they arrive at and sign the agreement. Once a solution is
reached between the disputing parties before a conciliator, the agreement had the
effect of an arbitration award and is legally tenable in any court in the country.
MEDIATION:
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NEGOTIATION:
LOK ADALAT
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THE OPTED METHOD OF ALTERNATIVE DISPUTE RESOLUTION
In the case selected, Mediation is the best option that the parties can choose to solve
their dispute.
Mediation
Mediation denotes the act of the third party pertaining to clinching the dispute
between two contesting and containing parties to the dispute. It is also a process by
which a third party emerges to assist the conflicting parties to find out a solution to
their problem. In places where two contesting parties cannot reach a settlement or
fail to settle the dispute by negotiation, in such a case, those parties may take the
assistance of some third person who is independent in respect of the subject matter
of dispute. Such a person induces sound reason into the parties’ minds to come to a
friendly settlement of their dispute by means of conciliation. This friendly
settlement is an effort to induce parties to exchange their disputed matters, points,
and versions relating to the subject matter of the dispute. In this process of
conciliation and the course of mediation that independent person who is a third
party uses his goodwill and impression in resolving the problem. Therefore,
mediation is called a friendly device for dispute settlement.
Mediation is free from complications, technicalities, and also strict adherence to
procedural laws. Freedom to exchange views between the disputing parties and
discussing issues through mediator are yet some of the other facilities that
encourage it. Burdened court cases, docket explosion, and unending long delays in
courts, both at the national and international level is another candid reason for the
ever-increasing welcome role of mediation at the international level also, in their
commercial transactions. The best summation of the need of mediation is visible in
the Guru Nanak Foundation v. Rattan Singh & Sons case, AIR 1981 SC 2075,
where it was felt that court-fed litigation has an abundance of procedural
“claptraps” when compared to ADR systems which are more speedy, less formal
and effective as compared to complex, expensive, time-consuming and
interminable court procedures where “lawyers laugh and legal philosophers weep”.
In the present case, the High Court directed the appeal to the mediation cell which
makes mediation as a viable option for the same.
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PROBLEM
Anil Kumar T S S/O C Somasekharan Nair aged 56 years residing at Makam, A1/C,
Chitranagar Vattiyoorkavu P O Thiruvananthapuram and Sreelaja @miniD/O Sarojini
Amma aged 53 years, T C No 5/2278-3KNRA-49 Sreeragam Kadappathala Nagar
Kowadiar P O Thiruvananthapuram belong to Hindu Nair community and follow the
Hindu religious faith. The marriage Between Anil Kumar and Sreelaja was conducted
and solemnized at the Sumangali Kalyan mandapam, Devaswom Board junction
Thiruvananthapuram on 11/12/1993 in the presence relative and friends as per the
customary rights and rituals. After the solemnization of their marriage, they resided
together in the family house of Anil Kumar at Elippode Thiruvananthapuram and
thereafter at T C No 5/2278-3KNRA-49 Sreeragam Kadappathala Nagar Kowadiar P
O Thiruvananthapuram. Out of the said wedlock a female child by name Aishwarya
now aged 27 years and a male child by name Sourav aged 21 years are born. From the
very beginning of their marital life there was a difference of opinion between them
even on the trivial matter and they later realised that their temperaments, attitude
towards life are opposite to each other. Because of the said incompatibility of
temperament, estrangement, and difference of opinion between them they were
convinced that they could not lead a normal peaceful, and meaningful marital life, and
hence they begin to live separately from 12/09/2014, in these circumstances, they have
mutually agreed and consented that their marriage should be dissolved.
Due to her inability to afford all her expenses, she approached Family Court,
Vanchiyoor for a suit for Divorce by mutual consent. The Court entrusted the
mediation cell to arrive in an out of court settlement in this matter. Convene the same.
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FACTS IN ISSUE
1. Anil Kumar and his wife Sreelaja have filed a petition for divorce as they
claimed to have (i) difference of opinion between them even on the trivial
matter (ii) Because of the incompatibility of temperament, estrangement, and
difference of opinion between they could not lead a normal peaceful, and
meaningful marital life, and hence they begin to live separately.
2. They filed a petition for mutual divorce.
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SCRIPT OF THE ROLEPLAY
1. Anil Kumar
2. Sreelaja
INTRODUCTORY SESSION
(Two scenes)
SCENE I
(All the participants and the mediator enter the mediation hall and exchange greetings
and pleasantries within the group. The mediator requests all attendees to be seated in
the place reserved for them and once all are seated, he formally greets all of them. )
(MEDIATOR kicks off the meeting with a formal introduction of himself detailing his
credentials. He then for the purpose of records requests each member to formally
introduce themselves.)
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settlement for resolving the disputes between you. 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
(Mrs. Sreelaja seems to be uncomfortable and Mr.Anil has the next turn.)
PRESENTING SESSION
(5 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 the mediation 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.
Mrs. Sreelaja: Before our marriage, you promised me I can experience all the
freedom which I used to enjoy. For many days I was left alone at home while you go
out with your friends. Have you ever thought about how I managed to survive alone
all these years? Even though you treated me like this I loved you and I took care of
you but in return, you didn’t consider me as a human being.
Mrs. Sreelaja: When I marry you, I have a lot of dreams but all my dreams had been
ruined. Now you are justifying your actions by taking work pressure as a Défense.
After our marriage, you hadn’t taken any effort to give me life as you had promised.
Now for you, it’s a burden to look after me. Fortunately, I came to know this even if
you didn’t say it to me, so I was forced to look for one and by god’s sake I got one.
Mr. Anil: This is your main problem. You are overthinking many things which is not
the reality. As my parents fall ill, so I had to spend a huge amount on their treatment.
So, at that time, my bank balance was zero. I had informed all this to you and your
parents. You are not even considering my hardships and struggle.
Mediator: All right. What we need here is a reasonable settlement protecting the
interest of both of you.
Mrs. Sreelaja: The fact that my husband treated me like a prisoner and tortured me
mentally and physically is unbearable.
Mr. Anil: You are the one who actually tortures me mentally, you are only concerned
about yourself and during all this time you didn’t support me in any manner, you just
blamed me for everything. I agree sometimes things get out of control and I responded
in a way, I shouldn’t have responded. But Afterall I am just a human being like you, I
have my own emotions and feelings.
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Mrs. Sreelaja: Don’t forget the fact that you never treated me as your wife and you
saw me just as a means to fulfil your physical needs. You didn’t fulfil the promise you
gave me. Due to your arrogant and cruel nature I filed a divorce petition. After I filed
the petition, I realized that I was carrying, on knowing this you again promise to take
care of me and my child. I was a fool all the time, I believed your words for the
second time and both of us were not present at the date of hearing.
Mr. Anil: I can’t believe you are saying this here. On knowing the fact, I am going to
become a father, I am like the happiest man alive. I took good care of you. But
nothing was enough for you. You found mistakes in all my actions and this made me
emotionally weak. I loved you and took good care of you. But I don’t have enough
money for all your needs but still somehow, I managed. I don’t know how can I make
you happy. You are really selfish.
SCENE: IV
Mrs. Sreelaja: You have no money to look after your wife and child, but you have
enough money to buy alcohol and go out with your friends. Every day you have
money to drink alcohol but you have no money for the needs of your family, how can
you justify this?
[ Mr. Anil shows his complete disagreement with Mrs Sreelaja and strive forward with
his arguments.]
Mr. Anil: The reason behind why I started drinking alcohol is you. You were always
blaming me and this made me feel that I was never enough for you. This made me feel
that as a husband I am a failure. I went into depression and I felt that alcohol was the
only way out. It was a mistake I agree with it but I took care of you and our children.
You can’t disagree with that.
Mrs. Sreelaja: I can’t believe that you are saying this here. You are only concerned
about your father and mother. You were never concerned about me or my child.
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Mr. Anil: You are treating my family separate from yours. And you don’t like my
parents. Yes, it’s true that I am concerned about them because they are my parents and
it’s my duty to look after them.
[MEDIATOR intervenes in between and trying to hold the topic from deviating.]
MEDIATOR: Let’s stop talking about all this. You are both mature, and you can take
your own decisions. So, let’s be reasonable and make a settlement based on your
relative interests.
SCENE: V
Mrs.Sreelaja: I can’t live with you. I am not a prisoner; I am your wife. You need to
show some respect and care towards your wife. You didn’t even think about the future
of our children. All you want is some alcohol and a person to torture.
Mr. Anil: How can you say like that? I loved my children with all my heart. I have
showed you enough love. You are not trying to understand anything. Even I can’t live
with you anymore.
SCENE: VI
MEDIATOR: Our issue here is relating to the maintenance claimed by Mrs. Sreelaja
and also the petition filed by both of you for divorce by mutual consent?
MEDIATOR: I think Anil is willing to give all his money to his children and he is
Actually looking for a compromise with you also. Is that right Anil?
Mr.Anil: I understood there are many mistakes from my part , but she can’t put all
blame on me. Every day she mentally tortured me and tries to keep my parents away
from me. She is the sole reason I started drinking alcohol. She is the one that put me in
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depression. She never supported me in all my life. My all earnings belong to my
children, there is no doubt in it? I am also willing for a settlement with her. I have no
interest in divorce and all, as it will affect my children’s future. And I will correct my
mistakes but she must at least try to understand my situation and she must support me
during all the hardships instead of blaming me.
MEDIATOR: It’s clear that there are many mistakes from both of your parts. But at
least for the sake of your children, arrive at a settlement.
Mrs Sreelaja: This issue can only be settled by dissolving this marriage and also I
need maintenance from him.
Mrs. Sreelaja: I deserve to get justice for the mental pain, agony that I suffered.
Mr.Anil: I have no idea what you are saying now. You are not only the one who
suffered mental pain and agony.
MEDIATOR: I like to say that, from the information you both gave me it is clear
from the fact that you both can obtain divorce by mutual consent from court and also
Sreelaja can claim maintenance. These court proceedings will affect the mental health
of your children badly. But at the same time Sreelaja also have to be compassionate
and realise Anil’s present situation as he is willing for a settlement.
Mr.Anil: That’s right, I will agree with any settlement term put forward by Sreelaja. I
want my family back. Please understand my situation.
[*Mr. Anil tried to hold his emotion but he finds it very difficult to speak.]
Mrs. Sreelaja: How can I believe him. He broke all his promises he gave to me. I
only want a peaceful life and I also want to put back my family together, but how can
I believe him after all this? (Sobbing)
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SCENE-VII
[MEDIATOR suddenly felt that there is a slight possibility of bringing Anil and
Sreelaja back together and he made his statement without giving much time.]
MEDIATOR: I know this is a difficult moment. Why can’t you get back together?
Mrs. Sreelaja: Sir, I don’t think it is possible. I can’t live a life like this again.
Mr. Anil: I have no idea why you hate me and my family like this. It was true my
family is a little conservative and all but they all loved you.
Mrs. Sreelaja: But as a person of mind and heart your attitude was so painful for me.
MEDIATOR: I know there are some mistakes from the part of both of you but to
sustain a relationship you need mutual understanding and tolerance.
Mrs. Sreelaja: I understand that sir. Now I want to be free, really free from all those
things that happened to me. I want to live in peace.
MEDIATOR: I can understand your feelings Sreelaja. But we should not be driven
by our feeling but through rational thoughts. As I understand you don’t have a stable
job to sustain yourself, it will be really difficult for you to move on with your life.
CONSENSUS SESSION
(2 Scene)
SCENE VIII
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Mr. Anil: I am actually ready to make a compromise here as I understand her
situation and I would like to make her life better.
Mr. Anil: You have to understand that my parents are a part of my life and can’t live
without them. I think it is better for us to live separately. Let’s start a new life.
Mrs. Sreelaja: It will make our life better. You should help me to look after our
children.
Mr. Anil: I can agree with that. I will take good care on our children.
SCENE IX
MEDIATOR: Anil, actually you are being overly sentimental about your family. It’s
your duty to look after your parents, at the same time you can’t forget about the well-
being of your wife and your children.
Mr. Anil: Okay I understand my mistake. All I can do is let her start a new live. I
won’t trouble her anymore.
Mrs. Sreelaja: I too had done many mistakes. Sorry for everything. I’m sure we will
do our duty as parents better than we used to be when we were together.
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SETTLEMENT/ CONCLUSION SECTION
(1 Scene)
SCENE X
MEDIATOR: I appreciate all of you. It appears that we are happy moon, 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
Thiruvananthapuram
Date: 23/09/2022
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
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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 agreed terms under Sec. 30(2) of the Arbitration and
Conciliation Act, 1996]
1. Anil agreed stop consuming alcohol and spent quality time with the family.
2. Sreelaja has agreed to stop blaming Anil for his care towards his parents.
3. Anil also agreed to look after sreelaja and two children’s and also spent money
for them.
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SETTLEMENT DEED
SETTLEMENT CONDITIONS
1. Anil agreed stop consuming alcohol and spent quality time with the family.
2. Sreelaja has agreed to stop blaming Anil for his care towards his parents.
3. Anil also agreed to look after sreelaja and two children’s and also spent money
for them.
SIGNATORIES
(MEDIATOR)
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S.NO CLASS NAME UNIVERSITY ROLE ASSIGNED
ROLL REGISTER
NO NUMBER
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