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Alternative Dispute Resolution Record prepared as part of the LLB Course
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Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
ACADEMIC YEAR 2020 - 2021
LL.B 3/3 YDC, V SEMESTER
Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
Sl. No. Topic Page No. 1 Introduction 1 - 2 2 Simulation on Negotiation 3 - 7 3 Simulation on Mediation 8 - 12 4 Simulation on Mediation 13 - 18 5 Simulation on Conciliation 1 9 - 24 6 Simulation on Arbitration 25 - 32 7 Lok Adalat 33 - 34 8 Family Courts 1984 35
Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
ADR in the backdrop of Covid-19:
A whole spectrum of our society has been affected by Covid-19 in one way or another. At this point in time however, the ADR landscape has not been too badly mauled. While our mode of operation has significantly changed, conducting remote and hybrid hearings instead of in-person hearings, the cases and the scope of work have not in fact changed much.
Although there has been a drop in hearings over the last few months, the cases cannot be postponed infinitely as businesses have to continue their operations and disputes have to be resolved regardless of the current situation.
So virtual and hybrid hearings will stay and endure even when the travel restrictions and safe distancing were imposed.
Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
Negotiation is a non-binding procedure in which discussions between disputing parties are initiated without the intervention of any third party with the object of arriving at a negotiated settlement of the dispute. It involves direct interaction of the parties to the dispute where they retain control over both the procedure as well as the outcome. It is general method of compromise between the parties.
Core elements of negotiation according to M.Anstey are:
Steps of Negotiation
Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
Mr. Ram ………………..Claimant And Mr. Karthik ....…………Respondent
→ Ram (Claimant) applied sudden break near a signal while driving fast his new Honda Car and a car immediately behind Claimant’s car, loses control while trying to control/stop and hits Claimant’s car. → The car which hits the Claimant’s car from behind was driven by Mr. Karthik (Respondent), who is being a middle aged person. → Claimant’s car was damaged resulting in small dent, broken bumper and broken tail lamp. → The Claimant argued that it was Respondent’s fault and threatened to file a case against him. → The Respondent denied the allegations and instead blamed the Claimant for applying sudden break, due to which the front part of his car got damaged. → Both the Claimant and Respondent started blaming each other for the accident. → As the impasse continued, they decided to sort out the issue through a formal negotiation. → Accordingly, they exchanged their contact numbers and decided to meet again on the following day between 6.00 pm and 7.00 pm at the tea shop nearby.
→ Claimant explained that Respondent’s inability to maintain the safe distance with the vehicle in front of his vehicle and inability to control his vehicle was the main reason behind the accident. → Claimant described that he felt like, will pass though the signal, but suddenly felt something inevitable and applied sudden break but was able to control the speed of his vehicle. → He justified the sudden application of breaks to the exigent situation, as otherwise felt that he would have hit the pedestrian. Hence, the Respondent could have avoided the accident if his car speed was under control and have maintained proper distance from the vehicle in front. → Claimant demands repairs for the damages from the Respondent for dents, broken bumper and broken tail lamp. He therefore demanded that Mr. Karthik meets all these expenses, on actual cost basis otherwise he will be left with no option but to file a police complaint.
Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
→ The Respondent contended that he was not at fault in causing the accident, and but due to sudden stoppage of the car in his front by the Claimant. → Even the signal was on and traffic was on the slow move, the Claimant was in over speed. → Respondent contended that his car was also got damaged and it would cost him a heavy amount for repairing his car, which he cannot afford to meet fully. → Respondent demands from Claimant to get his car repaired and therefore Claimant is required to compensate him. → Respondent was unrelenting and stated that if his fault was proved he is prepared to meet the expenses incurred by the Claimant. But since he is sure that the fault is not on his side, as a matter of principle, he is not willing to consider payment of any compensation to the Claimant.
TERMS AND CONDITIONS OF SETTLEMENT BY CLAIMANT:
→ The Claimant partly accepted his liability that he was on certain speed and thought that he would pass through the signal but was able to control his car and applied breaks when signal was about to get red. → He also accepted the settlement idea given by the Respondent to claim insurance and de-escalate the issue. → The Claimant understood the logic of claiming from the Insurance Company. → As the Respondent being middle aged person, Mr. Ram understands the situation of the Respondent and at last asks him to pay only the half of the shortfall between the actual expenses and the insurance claim amount if any is to be met by the Respondent, as his car is new one and received more damage when compared to that of the Respondent.
TERMS AND CONDITIONS OF SETTLEMENT BY RESPONDENT:
→ The Respondent said that he has also suffered loss and it should be fortunate enough for the Claimant, not to ask for any damages from him. → The Respondent doesn’t want to escalate the issue any further and suggested to claim insurance and end the matter here. → In the normal course he would have demanded the Claimant to get his car repaired. But since his car also is comprehensively insured, he would get it repaired on his own through the insurance claim, and meet the shortfall if any on his own. → Respondent said that the very fact that he is not making any counter claim on the Claimant itself is to be treated as a favor shown to the Claimant from his side and agreed to pay half the amount of the expenses incur if any after the insurance claim by the Claimant.
Both the parties have come to compromise and decided to negotiate the matter between themselves and made a settlement agreement and will be bound by that agreement.
Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
Mediation can be defined as “an informal process in which a trained mediator assists the parties to jointly explore and reconcile their differences and reach a negotiated settlement”.
Mediation is essentially a search for a solution by the parties to a dispute, themselves under the guidance of a third neutral party called mediator. The basic underlying motive of mediation is to provide the parties with an opportunity to negotiate, conserve, and explore options if a settlement is possible by a facilitator called as mediator.
A mediator assist parties in identifying, evaluating their own interest and needs. Mediation is a non-binding process. It offers the parties with the rare opportunity to directly to express their own interests relevant to the dispute.
Styles of Mediation –
Steps in Mediation –
Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
Problem 2
Simulation on Mediation Mrs. Anjali, aged 42 has been married to Mr. Anil Kumar, aged 48 for about 22 years. They had 2 sons; elder one being 21 years and the younger one being 16 years old. Ever since Anjali got married, she lived with her husband’s family with both her parents-in-law, and 2 unmarried brothers-in-law and 1 sister-in-law. Anjali had been a great support to her husband in every matter right from the education of his brothers and sister till their marriages. She never objected when her husband spent most of his earnings towards the joint family. Anil Kumar has been working in a private sector company where there is no provision for pension after retirement.
Anjali, being a graduate in Interior designing has decided to join a job since both her sons needed money for their higher education. Fortunately, she finds her a job in one of her friend (Malathi’s) office who owns an interior designing office. Anjali started working and proved herself to be very successful and won Malathi’s appreciation. Within no time Malathi increased her salary and assigned responsibilities to Anjali. This made Anjali to stay for prolonged working hours in the office.
Due to these reasons she could not spend much time at home and slowly rifts started developing between the couple resulting in fights very often. Gradually the situation became worse and they wanted to get separated.
Husband filed a divorce petition in a family court and the matter has been referred to Mediation.
Draft Mediation proceedings and Mediation settlement agreement.
Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
→ Mediation is a confidential process where the terms of discussing are not disclosed to any other party outside the mediator hearing and it is a negotiated settlement between the parties in the presence of the mediator. → Regarding the petition filed by Mr. Anil Kumar, we will have a joint session first and then have an individual session where you can tell me your problems separately and where I will help to solve your issues and problem basing on the circumstances. → There is no coercion or force on you to agree with the final terms and conditions of the agreement. → Unless you both sign the settlement agreement, it is not going to be binding on you. → I am pleased to have to assist you in working through your issues and believe, you will find mediation to be very helpful process.
ISSUES AND DEMANDS FROM PETITIONER
→ The Petitioner wanted to divorce from his wife (Respondent). → His wife joined a new job and spending more hours at office. → He complains that she is not spending much time at home and whenever he takes a discussion with her regarding this, she always have a fight with him. → The Petitioner also says that she is not concentrating on the family and deviating from the family responsibilities. → He wants her to take care of his old parents as there is no one to take care of them at home. → The Petitioner wants her to resign the job and take care of the family.
ISSUES AND DEMANDS FROM RESPONDENT
→ The Respondent does not want divorce. → She says that she has been always very supportive to her husband who is the elder son of the family, in every matter right from the education till the marriages of her sibling-in-laws. → She complains that her husband’s salary will not meet their family requirements and for their children’s higher education. → She says that, being an interior designing graduate, she joined a job in her friend’s office to meet the expenses of her children’s higher education and to meet the family needs in future. → As she was very successful and got appreciation in the office, for which her salary increased and has been allotted with more responsibilities for which she need to spend more hours at the office. → She complains that instead of getting sympathy and support from her husband, he was unhappy and not comfortable with her job and wanted her to quit the job.
Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
→ Respondent wants her brother-in-laws to share the responsibilities of the family and give their support towards the family as her husband has spent his most of the earnings on their education and marriages. → She wants her brother-in-laws to take up the responsibilities of the parents so that they can get a break. → She wants a little support from the family also so that she can balance the things.
Mediator will assist the parties in reaching a final mediation settlement agreement
→ Both the parties along with mediator sat in a room. → Both the parties have told their issues and demands to be fulfilled against each other. → Parties agreed to mediator’s suggestion and got ready to make a settlement agreement.
STEPS TAKEN BY MEDIATOR TO SOLVE PROBLEM → Mediator tried to convince both the parties by explaining the circumstances they both have to face if divorce is taken keeping in view of their children’s future and advised them not to have any egos clashing and spoiling the future of their children. → Mediator explained them, separating at this stage will be more challenging to them and to their children as well. → Taking into consideration the issues and demands of the parties, he tried to bridge the gap between the parties. → Mediator understood the problem from the perspective of both the parties. From husband side, to take care of his old age parents as the burden is shifting on him from his wife doing the job and from wife’s point of view that, for the better future of their children and future comforts, as her husband’s salary is not going to meet their family needs. → Mediator advised Mrs. Anjali to balance both, her job and as well as her family responsibilities and at the same time advised Mr. Anil Kumar to understand her and be supportive to her. → I (mediator) spoke to the parties and came to a solution which is mutually agreeable to both the parties. → Respondent and Petitioner, both of them calm down by putting forward their demands to be fulfilled to compromise. → Both the parties have come to compromise, mainly taking up their children’s future and old age parents of husband into consideration. → The mediator will not reveal the names of the parties (or) anything discussed in mediation process.
Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
Problem No. Simulation on Mediation Gita and Ravi are working in the same IT company. They knew each other since the college days and met in the same office though Gita joined much before Ravi. They liked each other and got married against the will of their family members. They lived happily for some time. Gita was promoted to a Team Lead for her efficiency. Ravi has to report to her along with other few team members. Gita wouldn’t spare anyone who is lazy work and is very strict while the work is concerned. On few occasions she had to be a little harsh to Ravi also which he did not like. Slowly tension is built in the work environment for both of them.
Meanwhile, Gita has given birth to a baby and after the maternity leave, she wanted to join back her job. Ravi did not want her to continue with the job and asked her to stay at home and take care of the baby. On this point they argued and Gita got upset and left to her parent’s house who live in the same city. She continued to work from her parent’s place. None of them tried to address the disputes that had cropped up between them. A year passed like this and Ravi filed a divorce petition on the ground of desertion in the family court. This has been a big blow to Gita who did not expect this at all.
While the matter is pending in the family court, the court referred this to Mediation. Draft the Mediation proceedings and settlement agreement.
Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam
Mr. Ravi ………………Petitioner AND Mrs. Gita …………………Respondent
FACTS OF THE CASE:
→ Gita and Ravi worked together in the same IT Company. They knew each other since college days and got married against the will of their family members. → Gita was promoted as team leader for her efficiency. Ravi was also a part of that team and has to report to her regarding the work. → Gita being stringent and diligent towards work, was little harsh on Ravi on few occasions which created stress and tension between them. → Gita given birth to a baby, and after her maternity leave, she wanted to join back her job. → Ravi did not want Gita to continue with her job and want her to stay at home and take care of baby. → Gita was distressed and continued her job by residing with her parents. → None of them tried to overcome the differences between them and after a year, Ravi filed divorce petition on the grounds of desertion in the family court. → This decision of Ravi was a big blow to Gita, who did not, expected the divorce petition filed by her husband at the family court.
→ My name is Mallikarjun and I am going to serve as your mediator. → I am a certified mediator. I have been practicing in this area of family disputes for quite some time. → I am well trained to assist in resolving disputes such as the one before me today. → You both feel free to speak with me as I am much experienced in this area as a mediator and I have solved so many disputes regarding family matters with a success rate of more than 90%. → Regarding the petition filed by Mr. Ravi, we will have a joint session first and then have an individual session where you can tell me your problems separately and where I will help to solve your issues and problem basing on the circumstances. → There is no coercion or force on you to agree with the final terms and conditions of the agreement.
