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THE NATIONAL LAW INSTITUTE

UNIVERSITY, BHOPAL
(est. by Act No. 41 of 1997 of Madhya Pradesh Legislature)

ALTERNATE DISPUTE RESOLUTION

(CLINICAL COURSE)

of

[SEMESTER VII] academic year 2022-23

Submitted by, Submitted to
DIVYANSHU BARAIYA PROF. SAUBHAGYA
(2019BALLB17) BHADKARIA
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1. FACTS:

The United Nations Mission to Kosovo (UNMIK) said the situation of abandoned cars near
Kosovo after the war resulted in thousands of abandoned roads due to dire road conditions and
massive flooding of migrants returning from Eastern Europe. With the car covered, war littered
decides they will issue a cleaning contract.

Owner of a body repair shop with five children, a husband, and financial responsibilities.
Numerous cars have suffered damage as a result of the war. While most vehicles' crushed doors
and bent fenders can be fixed by the shop owner, some of the vehicles' damaged frames cannot
be fixed, and the shop owner needs parts from the European manufacturer. Due of the difficulty
in obtaining panels and parts, the shop owner finds it impossible to fulfill many requests. The
family of the shop owner has growing requirements.

Owner of an engine overhaul business with five children and a spouse to support. Owner of an
engine repair shop. Numerous cars have suffered damage as a result of the war. While most
vehicles' crushed doors and bent fenders can be fixed by the shop owner, some of the vehicles'
damaged frames cannot be fixed, and the shop owner needs parts from the European
manufacturer. Due of the difficulty in obtaining panels and parts, the shop owner finds it
impossible to fulfill many requests. The family of the shop owner has growing requirements.

Two shop owners, one who runs a body repair shop and the other who owns an engine repair
shop, approach each other to negotiate so that there won't be any competition for the contract that
follows from UNMIK.
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2. ISSUES, ASCERTAINING CONFLICTING INTERESTS AND

CONFLICT

1. Panels and components are hard to come by since both engine and body parts are rare,
which puts strain on the already-existing supply chain and drives up the price of the same
goods over time as different vehicles that were in the supply chain were destroyed during
the Kosovo War.

2. Family obligations. As time goes on, if action is not taken, the problem will only get
worse because both parties have obligations to their families in addition to their corporate
obligations.

3. UNDERLYING INTEREST OF BOTH THE PARTIES

A. LEGAL OR ANY OTHER POSITIONS IN LITIGATION

In this case there is no legal position under Kosovo accords, this case falls under
simple bidding where there is no ground of litigation prior to any form of
negotiation.

B. BRAINSTORMING OPTIONS FOR RESOLUTION

1. One party accepts the engine within the conditions of the negotiation since the engine shop owner
needs it, and the shop owner accepts the body portion in accordance with the contract while discarding
the rest.
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2. Alternatively, both parties may use a third party's assistance to split among themselves portions of
equal worth.

C. SELECTING OPTIONS BASED ON INTERESTS

Negotiating and dividing up sections so that both parties' demands are met is necessary
when choosing options based on interest. Most cars are repaired by a body shop owner
who fixes the smashed doors and bent fenders, but some cars have damaged frames that
cannot be repaired and need parts from a European manufacturer. The owner of the shop
finds it impossible to complete many requests due to the difficulties in getting panels and
components, and the owner of the engine repair shop who can fulfill requests who also
runs an engine repair shop. The war has caused damage to a large number of vehicles.

While the business owner can replace and fix the engines of the majority of cars, some of
the damaged frames can't be fixed, necessitating the need for parts from a European
manufacturer. The store owner is unable to satisfy many requests because it is tough to
find panels and parts.

D. BASED ON OBJECTIVE CRITERIA

1. BODY REPAIR SHOP OWNER:

A. A. NEEDS OF SHOPPERS: The majority of cars can have their smashed doors
and bent fenders mended by a body shop owner, but other cars have broken
frames that are irreparable and call for parts from a European manufacturer. The
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store owner is unable to satisfy many requests because it is tough to find panels
and parts.
B. B. FAMILY NEEDS: Since the war, there have been fewer orders, and as time
passes, the situation will get more desperate. The shop owner has a large family of
five children and a wife to support.

2. ENGINE REPAIR SHOP OWNER:

A. A. NEEDS OF SHOPPERS: An engine overhaul company owner also runs an

engine repair business. The war has caused damage to a large number of vehicles.
While the business owner can replace and fix the engines of the majority of cars,
some of the damaged frames can't be fixed, necessitating the need for parts from a
European manufacturer. The store owner is unable to satisfy many requests
because it is tough to find panels and parts.

B. B. FAMILY NEEDS: Since the war, there have been fewer orders, and as time
passes, the situation will get more desperate. The shop owner has a large family of
five children and a wife to support.

4. BATNA AND WATNA FOR BOTH THE PARTIES AND

NEGOTIATION
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Best Alternative to a Negotiated Agreement (BATNA)

If negotiations fail and an agreement cannot be reached, taking into account all available
options, choosing the best course of action for the owners of the body and engine repair
shops will depend on a number of factors, including:

 Is this a necessary purchase? Yes, it is a necessary item for both the owner of an
engine repair shop and the owner of a body repair shop who, taking into account
their circumstances and family needs, must have these bodies or engines. As a
result, the BATNA in this situation would be to negotiate between each other
since one needs body parts while the other needs an engine, which are completely
unrelated fields, and a body part for an engine shop owner is useless, just as it is
with the owner of a body repair shop.

Worst Alternative to a Negotiated Agreement (WATNA)

The WATNA in this situation is the exit strategy. The parties may feel at ease accepting the
proposed negotiated offer if it exceeds WATNA. The parties may carry on negotiating until it is evident
that an agreement can be reached or cannot be achieved if the proposed offer is not superior to your
WATNA.

● Is this item a must have? Yes, this item for both engine repair shop owner and body
repair shop owner who considering their conditions and family needs, must have these
bodies or engine,