4th INTRA MEDIATION COMPETITION, 2022

Written Strategy for Ms. Aria Deewan:

STRENGTHS: /10
1. Ms. Aria is the founder of ADee, whose head office is located in
Hyderabad. The said company was established in 2010 and is in the
business of Developing Apps. The company's current employee strength
stands at 800+ in Hyderabad itself. Ms. Aria’s expertise lies in App
development across multiple platforms.
2. ADee complied with every CR which was raised, upholding Clause B of
the MSA, despite their time constraints, to ensure their consistency and
dedication towards providing EZ Solutions with a tailored and featureful
application.
3. ADee put in a lot of manpower in terms of the number of employees who
were working on the application. Ex - Employees for the development of
the app, employees present in the Tech team for post support, etc.
4. EZ Solutions provided the required data to ADee after a delay of 18 days,
post when the agreement was entered into. I.e., - Date of Agreement:
02/02/2020, Date of Commencement of Work: 20/02/2020.
5. EZ Solutions failed to raise any concerns with regard to the standard of the
application through the monthly team meetings.
6. When Ms. Aria visited EZ Solutions’ head office to request payment, she
was promised by EZ’s team that the same will be fulfilled.

WEAKNESSES: /10
1. The estimated time of completion (ETC) which was provided by the team
was not met despite having a huge workforce.
2. Given that EZ Solutions was already in a place of struggle in terms of
being in a very competitive market, the delay of 60 days is likely to have
affected their clientage in a negative manner.
3. Initially agreed upon providing their support for the given date [31st March
2021] with regards to the Post-launch period, however later imposed a
condition along with it.
POSITION: /15
1. ADee requires EZ to honor the commitment of payment of dues that was
promised by Mr. Efrem during the meeting with Ms. Aria.
2. Given EZ’s record of not complying with/ upholding their part of the deal,
ADee has its apprehensions regarding EZ’s work ethic and their ability to
fulfill payments.
3. ADee requires EZ to understand that due to the Covid-19 Pandemic, the
market is bound to fluctuate, which can affect the general savings of
individuals. i.e., - ADee urges EZ to comply with the demand of a 3-month
advance payment to ensure that the workers of ADee have an incentive to
work on the application along with adequate remuneration.
4. Adee implores EZ to recognize that although ADee upheld their part of the
MSA by tending to the CRs, due to them being numerous, it did create a
delay.

5. ADee also requires EZ to refrain from imposing such severe yet baseless
allegations, which are just assertions that undermine the quality of the
application and, by virtue, the company itself.
 INTERESTS: /15
1. Advance payment for the first three months of the Post-Launch Support
period is required by ADee to pay workers to provide a sense of security
during the Covid financial crunch.
2. Despite its status, EZ has not complied with payments, and hence, ADee
would require assurance of payment to prevent a repetition of such default
3. To ensure no further delays, ADee would require EZ to provide data in an
efficient and time-bound manner.
4. To understand the standard of application EZ is seeking, ADee demands a
weekly status update of the application to accommodate any changes to
establish a smooth post-launch support period.
5. ADee requires EZ to display reliable decision-making by the management
to avoid any potential internal disagreements. This is to prevent instances
in the future where EZ’s team promises one thing, but then their higher
authorities don’t fulfill this burden.
POSSIBLE OFFERS FOR SETTLEMENT: /20
1. Extension of Post Launch Support period by two months to deliver the
standard of application that was expected by EZ solutions considering that
the workforce is smaller along with financial constraints due to COVID.
2. Considering the additional two months which will be needed to work out
any issues, we’d like both the parties to go ahead with a time-bound
escrow, which would be monitored by a neutral third party, so as to provide
ADee with a sense of security while we finish any pending work.
3. Considering the 60 day delay which was caused by ADee’s team, ADee is
willing to provide a customer service team that would deal with any queries
or customer complaints, for a period of 3 months, at a markdown cost.
BATNA: /20
If the Mediation process is not productive then the best alternatives available to
Ms. Aria are as follows:
1. Under Order IV of the Code of Civil Procedure, 1908, ADee will be going
ahead and instituting a recovery suit against EZ along with substantial
interest, for all the pending invoices and dues.
2. Considering ADee’s long-standing reputation, ADee would require EZ to
retract their several allegations owing to the fact that these allegations are
essentially spineless. ADee also demands a public apology for all the
turmoil which came about during their work period, primarily due to EZ.
3. ADee will be pursuing a legal proceeding against EZ based on Section 73
of the Indian Contracts Act, 1872, which reads, “Compensation for failure
to discharge obligation resembling those created by contract. When an
obligation resembling those created by contract has been incurred and has
not been discharged, any person injured by the failure to discharge it is
entitled to receive the same compensation from the party in default, as if
such person had contracted to discharge it and had broken his contract”.

*This was the Best Mediation Strategy of the 4th Intra Mediation Competition 2022 and was drafted by
Meghana Srinivas, Anjana C, and Ansh Aditya, students of Symbiosis Law School, Hyderabad*
(Note to participants: do not include this in the Mediation Strategy)