Arbitration, Conciliation & Alternate Dispute Resolution System

Course Code: 2BL722

PW ASSIGNMENT

Mediation Settlement Agreement

Ms. Jyotika and ‘X’ Company

SUBMITTED TO: Ma’am Foram Patel

SUBMITTED BY: Amarjot Singh

Semester VII

Roll No - 19BBL011

1|P a g e
  Ms. Jyotika and Company ‘X’ hereby referred to as Party 1 and Party 2 Respectively and
Mr. Amarjot Singh referred under as Mediator “the neutral third party”. These said
parties agree to participate in mediation for the purpose of settling and resolving, the said
dispute involving an issue of Rs.50,000. For the purpose of resolving of the dispute 1
Introductory session followed by a Joint and a separate Session was conducted ending
with the Closing/ Settlement Session.
 The facts of the case are that one, Ms. Jyotika bought an automobile from the "X"
company for consideration of Rs.15,00,000. The dispute pertains to the fact that she had
made it clear while making the said purchase that she will not pay any extra money for no
any additional modification or add-ons.
 However, on delivery, there was an additional charge of 50,000 Rs. on the bill because of
the add-ons. Because of her prior mention of no additional add-ons explicitly, she
declined to accept delivery and requested a full refund. The company refused the refund,
and forced her to accept delivery and pay the extra payment in cash. Both the parties
agreed to mediate and settle the issues between them.

The parties hereto agree that this disputed issue and every aspect of it including the lawsuit
and the related claims will hereby be settled on basis of following terms:

1. Disagreement - The parties seek to compromise and settle this particular dispute arising
out of the aforesaid transaction. The parties acknowledge that there is a legitimate
disagreement and between them. Nothing in this agreement should be for any future
reference be interpreted as an admission of guilt or liability.
2. Parties Acknowledge and Recognize:
a. They have authority to bind the themselves and will be liable for any claims if the
dispute is settled.
b. The parties asserting the claims, have not transferred or sold any dispute related
property, and are free of any encumbrances.
3. Settlement terms:
 Jyotika agrees to pay 40 % of the extra add-on charges (labour charges) to the
defendant company i.e., 20,000 Rs.

2|P a g e
  The defendant company agrees to deliver the automobile in the current state with
all the add-ons coupled with that-
 The defendant company has agreed to provide services at free of cost to the
plaintiff for the initial 3 years.
 Charges for mediator Fee will be paid by both parties equally which will be
1000Rs an hour resulting in 10,000 Rs in total for 10hrs.
4. Confidentiality - The terms of this Agreement and the details of all negotiations related
to it are to be treated with utmost confidentiality and secrecy is to be maintained so as to
ensure that the said terms remain between parties and the councils. Parties are restricted
from divulging any information to a third party without the other party's approval unless
legally obligated to reveal such information to a court or a third party.
5. No New Legal Action – Both parties not to sue or initiate any other legal proceedings
concerning the said dispute either by themselves or thru anyone else. No claim or action
be brought in any other country related to same transaction.
6. Exoneration from Liability - The parties release one another from all claims\demands,
or lawsuits, known or unknown, fixed or contingent, whether or not asserted in the
aforementioned case, as of this date, arising from or connected to the events and
transactions that are the subject of this case.
7. Council Role – Mr. Singh, the Mediator has supplied the parties and their counsels
with a basic outline and summary of the Settlement Agreement for easing the final
resolution of the dispute. The parties and their counsel have carefully reviewed and
modified it to comply with the terms of the reached agreement.
8. Release of Mediator Liability - All signatories to this Settlement Agreement hereby
release the Mediator from any responsibility arising from doing merely the physical act
of drafting of this Settlement Agreement, and by signing this Settlement Agreement
acknowledge that they, or their attorneys, have been advised by the mediator in writing
that this Settlement Agreement should be independently reviewed by counsel before
executing the Agreement.
9. Parties Assure that -
(i) They have carefully read this Settlement Agreement and its terms and are
satisfied with the result

3|P a g e
 (ii) They have consulted with their attorneys about the terms of this Settlement
Agreement and are satisfied;
(iii) This Settlement Agreement is the only agreement and understanding
between the parties and it represents in entirety the dispute and its
resolution
(iv) They have entered into this Settlement Agreement without any coercion
and negative influence and without threat of any statement or
representation, whether written or oral, made by any person or entity.
10. Violation/Breach - In the event any party breaches this Mediated Settlement Agreement,
the Agreement will be admissible in any Court proceedings seeking its enforcement
against the other party.
11. Place - This Settlement Agreement is made and is performable in Ahmadabad, Gujarat,
India and is in accordance with the laws of India
12. Illegality of a portion – If Any part or clause of this agreement is determined to be
invalid or unenforceable then it will be deemed void to the minimum extent required to
restore its validity, legality, and enforceability. The legality and enforceability of the
remaining provisions of this agreement will not be impacted by the modification or
deletion of any provision or part-provision herein.
13. THE PARTIES AGREE THAT THIS MEDIATION AGREEMENT IS BINDING
ON ALL PARTIES AND IS NOT SUBJECT TO REVOCATION BY ANY PARTY.

Agreed, this 17th day of November 2022.

Ms. Jyotika the Party 1/ Buyer

‘X’ Company the Party 2/ Seller

APPROVED AS TO FORM:

By: Amarjot Singh

State Bar No. 9355213000

4|P a g e