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UILS ADR & CCL BOARD

University Institute of Legal Studies


UILS ADR & CCL BOARD

Intra Department
Mediation & Negotiation
Competition, 2019
20th – 21st September, 2019
UILS ADR & CCL BOARD

RULES & REGULATIONS

The following rules shall be called the UILS Intra Department Mediation &
Negotiation Competition, 2019 RULES:
Wherein,
• Organizer refers to the Alternative Dispute Resolution & Client Counseling Board,
UILS;
• Competition refers to the UILS Intra - Department Mediation &
Negotiation Competition, 2019;
• Participating Team refers to the team that has registered itself for the competition
as per the rules;
• Applying Team refers to the team who has registered but not qualified as per the
list published by the ADR & CCL Board on the designated page;
• Venue refers to University Institute of Legal Studies, Panjab University,
Chandigarh;
 The rules mentioned herein are not exhaustive. The rules shall be strictly adhered
to; any deviation from the same shall result in immediate disqualification, unless
exempted by the organizer. All decisions made by the organizer in case of any
dispute, doubt or other problems of such nature, shall be final and binding on the
participating teams. The organizer further reserves the right to alter, amend or add
rules herein at any point of time. Imposition of penalties is exclusively the right of
the organizer, in case the rules are not adhered to by the Participating Teams. 

I. AIM

Mediation is a voluntary, party centered and structured negotiation process where a


neutral third party assists the parties in amicably resolving their disputes by using
specialized communication and negotiation techniques. The goal of mediation is to find
UILS ADR & CCL BOARD

a mutually acceptable solution that adequately and legitimately satisfies the needs,
desires and interests of the parties

II . GENERAL INFORMATION

th st
1 . Date: The Competition shall be held from 20 September to 21 September,
2019.
2 . Dress Code: Participants are required to wear ‘Business Formals’ and the
same shall be adhered to by all the participants.

III. TEAM COMPOSITION

1 . Each team shall comprise of three students consisting of one Mediator and two
team members acting as the client-counsel pair (referred to as the
“Negotiators”).
2 . One member of the team will be designated as the Mediator, whose role shall
remain unchanged throughout the Competition.
3 . The other two members of the team will form the Negotiating Team,
representing a Client and his/her Counsel. The respective roles cannot be
interchanged during the entire competition.
4 . The two mediators in one competition session will be from different teams.
5 . The team will be considered as a single unit during the entire course of the
competition. The team composition cannot change during the course of the
competition. If any member of the team backs out, the entire team will be
disqualified and blacklisted for the session.
6 . The two mediators in one competition session for all purposes will be referred
to as Mediator 1 (M1) and Mediator 2 (M2) as designated in the match- ups.
UILS ADR & CCL BOARD

IV. COMPETITION STRUCTURE

1. Two Teams (i.e. two Negotiating Pairs) will be the Requesting and
Responding Parties respectively. The Negotiating Teams and Mediators for
each Session will be announced prior to the session.
2. Each mediation room will have members from four different teams (two
Negotiating Pairs from 2 different teams and two Mediators from 2 different
teams).
3. The teams will be adjudged cumulatively on the basis of the performance of
the Mediator and the Negotiating Pair in all the rounds. A team will qualify
for the next round as a whole.

In order to eliminate subjectivity in the rounds, a new structure has been


introduced in the competition1.

V. COMPETITION PROPOSITIONS

1 . Each round will involve a new proposition. All Mediators in each round will use
the same problem.
2 . The first proposition will be distributed one week prior to the competition. Each
problem will consist of:
(1) General information for all participants; and
(2) Confidential information for each party and their Counsel (Negotiating
Teams) which will be distributed on the day of respective rounds prior to the
session.

1
*Any queries regarding the amended structure of the competition shall be addressed by the board.
UILS ADR & CCL BOARD

3 . Mediators will receive the general information of the proposition only. The
general information of the proposition for the semi- final and the final rounds
will be distributed once the semi- finalists and finalists have been announced.

VI. ROUNDS

1. PRELIMINARY ROUNDS: The competition will have ONE


preliminary round divided in 2 parts, i.e., Preliminary 1 and Preliminary
2, for a time period of 35 minutes (which is exclusive of the preparation
time of 15 minutes provided prior to the session).
2. OCTA FINALS: The top 16 teams selected from the Preliminary round
based on their total team scores would then compete in the Octa Finals.
The time limit for the Octa Finals will be 45 minutes (which is exclusive
of the preparation time of 15 minutes provided prior to the session).
3. SEMI FINALS: The top 8 teams selected from the Octa Finals based on
their total scores would then compete in the Semi Finals. The time limit
for the Semi Finals will be 45 minutes (which is exclusive of the
preparation time of 15 minutes provided prior to the session).
4. FINALS: The top 4 teams selected for finals from the Semi- final rounds
based on their total scores would then compete in the Finals. The time
limit for the Final round will be 60 minutes (which is exclusive of the
preparation time of 20 minutes provided prior to the session).
UILS ADR & CCL BOARD

VII. CONFIDENTIAL INFORMATION

1. Each Negotiating Pair will be provided with separate Confidential


Information 15 minutes prior to the start of each session, which will be the
duration of their Preparation Time.
2. In the Final Round, the teams will be given a 20 Minute Preparation Time.
3. The Mediator will not be provided with any Confidential Information.
4. The Negotiating teams and the Mediators will not be permitted to have any
contact or communication with each other, once the Confidential
Information has been provided to the Negotiating Pair. Anyone found
exchanging the information will be disqualified from the competition.

VIII. CAUCUS

1. The Mediators may conduct a private session, (Referred to as a ‘Caucus’)


with each of the Negotiating Teams. A Caucus may be called by either the
Negotiating Teams or the Mediator.
2. The Negotiating Team which is not a part of the Caucus will be required to
leave the room during that time.
3. A Caucus may be for a maximum period of 5 minutes. The Mediator and the
Negotiating Team, both, will be responsible for managing and adhering to
their time limit. Failure to do so will result in a penalty. This is inclusive of
the time limit provided for the session.
4. The Mediator and Negotiating Teams will be scored by the Expert Assessor
based on their judgment on whether to call or not to call for a Caucus.
UILS ADR & CCL BOARD

IX. BREAK(S)

1. Either of the Negotiating Teams or the Mediators may request for a


single 2- minute break during each session. The Team requesting will be
responsible for adhering to the time limit. Failure to do so will result in a
penalty.
2. Where a Negotiating Team asks for a Break, the members of the said
Negotiating Team requesting the Break will be required to leave the
room.

X. LANGUAGE

1. The language to be used in the Sessions of the Competition shall be English.


The Negotiating Team (client + counsel) are allowed to talk to each other in
other languages during their breaks, but only among themselves.
2. They cannot converse with the mediator or the other team in any other
language, besides English. However, the parties are free to use any other
language whilst discussing something with a fellow team member.

XI. MATERIAL

1. No outside material whatsoever, including any access to internet will be


permitted when the round is in progress. Any violation of the rule will lead to
immediate disqualification.
2. Teams are permitted the use of materials supplied by the Organizing
Committee, personal notes and stationery items. (Teams may also bring one
single -side printed A4/letter sheet to share with the other participants, the
Mediator and the Expert Assessors.)
UILS ADR & CCL BOARD

3. No electronic equipment such as phones, tablets and laptops may be used


during the session, by any acting member of any Team. Students are
encouraged to bring watches or other dedicated timing devices. However,
phones or other electronic equipments are not allowed to be used during the
sessions for time- keeping by the participants.
4. Electronic equipment cannot be brought to a Break or Caucus.

X. JUDGING CRITERIA

Mediator:
i. Effective information and communication skills i.e. identifying interests,
views, feelings, appropriate opening statement etc.
ii. Effective problem solving and support.
iii. Awareness and effective use of the mediation process.
iv. Qualities of a good mediator, i.e., neutrality, creating an atmosphere of
trust, effective preparation etc.

Negotiating Team:
i. Appropriate information gathering and sharing
ii. Effective information and communication skills
iii . Collaboration and creating options
iv. Effective mediation advocacy i.e. focus on interests, teamwork between
counsel and client, dealing with the opposite team’s strategy and style etc.
v. The home stretch i.e. dealing with an impasse, weighing options, presenting
proposals, reflecting interests in outcome.
UILS ADR & CCL BOARD

XI. TIE BREAKER

 In case of a tie amongst the teams in any of the above mentioned rounds, the
cumulative scores of the Mediator and the Negotiating Pair of the same team
will be taken into consideration on the basis of “Information and
Communication Skills” mentioned in the judging criterion and the team
having relatively higher score will proceed to the next round.

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