UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES

MADHYASTHA 2.0

INTRA-COLLEGE MEDIATION COMPETITION, 2023

Format for Mediation Plan

Team Code: 13
Side (Requesting/Responding): Responding
Mediation plan for Rohan
Core Issue
We are here in the mediation session to claim the validity of the will. Our main interest are to
clear all the obligations of the requesting party and negotiate on the grounds of sharing of the
will.

Know your ZOPA

Our goals are Their goals (financial and other)

My high expectation is:
• To probate the will
• To get the maximum share in the
property as mentioned in the will
• To reinstitute the casual relations
with the other party
• To end up on an agreement which is
They will be hoping for:
• To Get shares in the property of Mr.
Rajeev Kapoor
• To invalidate the will which does not
mentions about the share of the other
party
• To prove the unsoundness of mind
 in the best interest of both the parties of Mr. Rajeev Kapoor while making
the will

The minimum we expect is (and why):
• Get 70% share of the house as the
house was wholly maintained by the
Responding Party
• Get 50% share in the finanacial
weightage in the painting as it was
painted by the Client’s father when
the client of the requesting party was
forgotten by our client’s father
• Get full share of the investment
portfolio as it was at the discretion of
the owner to name the succeeding
owner in the will
The minimum they will expect is (and why):
• Get 30% share of the house because
at some point of time it belonged to
the requesting party
• Get half of the share in the financial
weightage of the paintings as it has
some sort of emotional attachment
with the requesting party as Mr.
Rajeev and his daughter did that
together
• Acceptance in the family and being
treated as a coparcener

Know your Alternatives – BATNA / WATNA

If mediation fails, is litigation an alternative? How does it weigh? Any other alternatives?

Your perspective: Their perspective:

The responding party would
believe litigation to be an
alternative as they will have a
stronger claim in the validity of the
will
The responding party would
suggest BATNA/WATNA as an
alternative if the mediation fails
The BATNA suggested by the
responding party would be
• No share in the investment
portfolio
• 20% share in the house
• 10% share in the paintings
The WATNA suggested would be
The requesting party believes that litigation is not the
best alternative to resolve the dispute because the
claim of the requesting party on the grounds of
unsoundness of mind would probably frustrate in the
court of law.
The requesting party would suggest
BATNA/WATNA as an alternative if the mediation
fails.
The BATNA suggested by requesting party would be
• No share in the investment portfolio
• 20%share in the house
• 10% share in the house
The WATNA suggested would be
LITIGATION
LITIGATION

Your costs in court: Their costs in court:

1. Litigation costs 1. Litigation costs

2. Travelling costs 2. Travelling costs
3. Lawyer fees 3. Lawyer fees

Your chances of winning/losing at Their chances of winning/losing at trial:

trial:

Good chances of losing

Probable chances of winning

Strings attached?
Are there any consequences to reputation or existing relationships that depend on the
conclusion of the mediation?
With the other party / third parties What is at stake for them to lose?

Family relations Family relations and coparcenery rights

Timelines and deadlines

Are there any timing issues that may force or retard agreement?

For you For them

No there is no timing issues with No there are no timing issues with the requesting
the responding party party.
Mutual problem-solving
What offers can you make to the other side that cost you little and they might value highly and
vice versa?

What could you offer? What might the opposite party offer?

We are willing to offer The opposite party might offer

1. 40% shares in the house 1. 50% share in the house
2. 30% in the paintings 2. 40% share in the paintings