RGNUL Intra Mediation Competition

SAMPLE MEDIATION PLAN

Team Code: 00
 BRIEF FACTS

CORE ISSUES
What brings us to Mediation? What are our main interests?

Requesting Party:

The breach of contract on the part of Rail Ingeniería, Tecnología Consultoría S.A. (“RITC”)
by not fulfilling their contractual obligations of completing the Rail project brings us to this
mediation table. Our main interests are to get the rail project completed as per schedule and
to get the operation of stations and railway lines covered within the first phase from RITC
w.e.f. May 1, 2034 as per the original contract timelines itself.

Responding Party:

1. RITC wants the losses they incurred on account of idle machinery and manpower at
the 1st phase because of JRDA’s inability to provide 2.2 km stretch of land between
Northbay and Reefville as well as at the 2nd phase because of the unavailability of
27 km land between Mannar and Triforest.

2. RITC wants to extend the time for execution of the project because it would not be
possible for them to complete the first phase in four months and even the second
phase in additional 18 months after the land is provided.

3. RITC wants JRDA to extend the starting date of the “10 years operate” phase of the
J-Rail because the additional 20 months of operation provided by JRDA for the 1st
phase would not generate substantial profit as expected by the company.

4. To ask JRDA to process the payment of bills within prescribed time and clear all the
dues and balances till now.

STRENGTHS AND WEAKNESS

 Strengths and Weaknesses of Strengths and Weaknesses of
Requesting Party Responding Party

Our strengths are:

Healthy relationship with RITC because of Our strengths are:

successful investments which is something

they do not wish to estrange.
Our weaknesses are:
Our weaknesses are:
There is a lot to lose owing to the high scale
of the mega contract, thereby the risk
component is high.

ZONE OF POSSIBLE AGREEMENTS (ZOPA)

Interest and positions of both the Parties

Requesting Party Goals Responding Party Goals

To get the project done on time and get the
rights to operate all stations of Phase I from
May 1, 2034. Another goal is to increase
tourism in the nation and help common
people through this train network.
1. Compensation because of the losses
incurred on account of idle
machinery and manpower.
2. Extend the time for execution and
operational phase.
3. To provide the Joynation the best
railway structure in the world so that
tourism industry can thrive more.
4. To receive the payment of the invoice
within the prescribed time and clear
all the outstanding invoices till date.

Our high expectations are: Our high expectations are:

To achieve everything out of the mediation To extend the time of execution phase
session and sort all issues.

The minimum we expect is: The minimum we expect is:

RITC to complete the work on time as our To extend the time of operational phase.
 country is losing a lot of revenue because of
these delays and even citizens are finding it
difficult with such project running.

Our authority to settle is limited to: Our authority to settle is limited to:

Full and Final authority to settle this Full and Final authority to settle this
mediation mediation.

KNOW YOUR ALTERNATIVES – BATNA / WATNA

Requesting Party perspective: Responding Party perspective:

Our costs to date: Our costs to date:

We have incurred heavy costs on relocating Cost of idle manpower and machinery
people from the regions where the track was because of the inability of JRDA to provide
to be built. We have also incurred heavily on lands and the cost to prepare execution plans.
researchers to make geological predictions
for them. Our chances of winning/losing at trial:
Our chances of winning/losing at trial: Fairly high.
Fairly high. Best possible alternative for us is:
Best possible alternative for us is: To initiate proceedings at the London Court
To initiate proceedings at the London Court of Arbitration and win on merits.
of Arbitration and win on merits. Worst possible alternative for us is:
Worst possible alternative for us is: Litigation as it would drain a tremendous
Litigation as it would drain a tremendous amount of resources and consume a lot of
amount of resources and consume a lot of time as well.
time as well.