Mediation Challenger.docx

OPEN CHALLENGER ROUNDS MEDIATION PLAN

TEAM CODE – 9 NAME OF THE PARTY – Mr. Aman Roy INTERESTS – 1. Goodwill is the most significant limb of any business. The publication or any escape of information is very often in civil proceedings. So, no businessman would want any type of impediment because of the blemish reputation which cannot be obtained back. It is very well known that Mediation is a private process and not subject to public knowledge and possible media attention as can be the case with civil litigation. So, the party decided to choose one of the modes of ADRs which is Mediation to resolve the dispute. 2. The delinquencies in the courts are not hidden from anyone. Generally it takes years to resolve any dispute which results in huge loss. The party is already facing a lot of troubles due to the delayed installation of the coolers. The party now wants to resolve the dispute as soon as possible. Therefore, Mediation would be the best option. 3. It is very well versed that the court proceedings are according to the judge. He schedules the proceedings as per his convenience. On the other hand mediation conferences are according to the parties. It gives parties the opportunity to decide time, place and even the mediator. Both the parties are engaged in their respective fields. So it will be easier for both to comply with the mediation conferences rather than civil proceedings. 4. Whether it may be a business or family dispute, preservation of relationships can be a key benefit of mediation. Mediation helps participants focus on effectively communicating with each other as opposed to attacking each other. The party wants to negotiate its interests in an amicable way. The party does not want to make the situation worse. The party wants to retrieve the relations with Desert Coolers because any further dealings may be appreciated between both the parties.

GOALS Best Alternative to a Negotiated Agreement (BATNA) The best alternative of this mediation conference is that Mr. Aman Roy wants twenty two and a half Lakhs rupees. It is so because the rent per apartment unit is fifteen thousands and there are total fifty apartments therefore the complete rent would be thirty seven and a half lakhs rupees from July to November but as the notice for the payment was given on 30th September, 2018 so the party is not interested in claiming the whole rent. If the Desert Coolers is not interested in giving thirty seven and a half lakhs rupees then it must give twenty two and a half lakhs rupees keeping in mind the moral and ethical principles of business. Worst Alternative to a Negotiated Agreement (WATNA) The main motive of the party is to preserve the relationship so, the worst alternative would be that if the Desert Coolers does not want to give even twenty two and a half lakhs rupees then they must do the needful and no extra payment will be made to install the Model II Cooler. The party is also letting its thirty seven and a half lakhs rupees go so the Desert Coolers must do the reinstallation without demanding any further amount. Now, the party is looking forward to maintain a healthy environment during the Mediation Conference and expecting the same from the other side.