MADHYAM’24

SECOND INTRA DEPARTMENT MEDIATION COMPETITION 2024

The following terms have the corresponding meanings:

“BATNA” refers to the Best Alternative to a Negotiated Agreement and refers to the best thing
a Party can do, without the consent of the other Party, if the Parties fail to reach an agreement.

“Break” refers to a three-minute period of time that can be requested once by each Competing
Team in each Mediation Session and during which the overall time of the Mediation Session
continues to run.

“Caucus” refers to a separate meeting between the Mediator and a Competing Team. During
the Caucus the overall time of the Mediation Session continues to run.

“Competing Team” refers to the three students from one Team competing in one specific
Mediation Session in the roles of Counsel, Client, and mediator.

“Competition” refers to the First Intra Department Mediation Competition

“Confidential Information” refers to the background factual information of the Problem for
the exclusive use of a Party and the Judges but not the Mediator.

“Counsel” and “Client” refer to the roles taken respectively by two members of a Team during
each Mediation Session; together they are referred to as a Competing Team or as a Party. They
are collectively referred to as the Mediating Pair.
“Cross-Caucus” refers to a separate meeting between the Mediator and both Counsels or a
separate meeting between the Mediator and both Clients.

“Eligible Student” refers to a person who meets the criteria defined in Rules

“Final Rounds” refers to the Semi-Finals and the Final, in which the winner of each Mediation
Session progresses to the following round.

“General Information” refers to the background factual information of the Problem for the use
by each Party, the Judges, and the Mediator.

“Judge” refers to a Professional selected by the Organizing Committee to evaluate and score the
Teams’ performance during a Mediation Session in accordance with the Judging Criteria.

“Judging Criteria” refers to the criteria set out in the Score Sheet.
“Law Student” refers to an Eligible Student studying law.

“Mediation” refers to the timeframe of 30 minutes for the actual mediation between the two
Competing Teams as described in Rules.

“Mediation Session” refers to the timeframe of 30 minutes (Preliminary Rounds) or 45 minutes

(Semi-Final rounds) or 60 minutes (Final Rounds) as described in Rule 2.1

“Mediation Session Supervisor” refers to a person appointed by the Organizing Committee to

keep time during a Mediation Session and make sure the Rules are followed.

“Mediator” refers to a student mediator selected by the competing teams to take on the role of
Mediator during a Mediation.

“Observer” refers to any person attending a Mediation Session without having an active role in
it.

“Organizing Committee” refers to the group of students from the Moot Court Society in charge
of organizing and managing the Competition.
“Penalty(ies)” refers to points deducted for any violation of the Rules pursuant to Rules

“Preliminary Rounds” refer to the first phase of the Competition, in which Teams are selected
for the

“Problem” refers to a hypothetical family or Companies or Commercial dispute distributed by

the Organizing Committee, as supplemented or corrected by any Problem Clarifications, which
Teams will attempt to resolve with the help of the Mediator during the Mediation.

“Problem Clarifications” refer to the official clarifications or corrections of the Competition

Problems, as published pursuant to Rules

“Problem-Solving Approach” refers to an approach to mediation in which participants

ascertain each other’s interests, brainstorm options, and seek to create a solution that better
meets their interests and needs

“Prohibited Assistance” refers to advice, instructions, or other communication to a Team that

is not in compliance with the Rules

“Requesting Party” and “Responding Party” refer to the Competing Team which argues on
behalf of the Party requesting the mediation and the Party responding to the request for
mediation at any given point in the Competition.

“Rules” refer to the Competition Rules.

“Team” refers to a group of 3 Eligible Students representing one or two universities accepted
by the Organizing Committee to participate in the Competition.

“Volunteer” refers to a person who has been accepted to attend the Competition to perform a
specific role such as Professional, Mediation Session Supervisor, or any other logistical duty
deemed necessary by the Organizing Committee.
RULE 1.0 ORGANISATION OF THE COMPETITION

1.1 Introduction
The Competition is an educational event that seeks to encourage the effective use of mediation to
solve disputes amicably. The focus of the Competition is to effectively combine the use of the
Mediator and collaborative problem-solving skills to successfully present the Parties’ interests
and progress toward resolution. It is the OC’s hope that the Competition will encourage the
teaching and learning of effective use of mediation.

1.2 Mediation Act Compliance and Rules

In accordance with the Mediation Act, the following rules apply to all participants in the Intra-
Mediation Competition. These rules ensure that the competition follows recognized mediation
standards while enhancing the learning experience.

1. Mediation Procedure (Section 6, Mediation Act) All sessions must adhere to the general
mediation process. The mediator facilitates discussions but does not impose solutions or give
judgments. Neutrality and impartiality must be maintained.

2. Confidentiality (Section 16, Mediation Act) All discussions, documents, and agreements
during mediation are strictly confidential. Any breach of confidentiality will result in
disqualification and further penalties as determined by the organizers.

3. Role of the Mediator (Section 9, Mediation Act) Mediators must:

● 1. Remain impartial and neutral.

● 2. Assist parties in reaching mutual agreements.
● 3. Manage the process fairly, ensuring all voices are heard.
● 4. Maintain confidentiality unless waived by both parties.

4. Voluntary Participation (Section 7, Mediation Act) Participation is voluntary, and any party
may withdraw from the process at any time, reflecting their autonomy in resolving disputes.

5. Ethics and Misconduct (Section 27, Mediation Act) High ethical standards must be
maintained. Any misconduct, including attempts to influence the mediator or breach
confidentiality, will result in penalties, including disqualification.

Rule 1.3 Language

The official and only language of the Competition is English.

Rule 1.3 Format

The Competition consists of Preliminary Rounds, the Semi-Finals, and the Final.
During the Preliminary Rounds, each Team will, in principle, compete once per day

With respect to the Final Rounds, the Teams will compete on the Two Problems assigned in this
order: The Semi-Finals, and the Final.

A Mediation Session will consist of the Mediator and mediation pairs, with two Team members
(Client and Counsel) on each side representing respectively the Requesting Party and the
Responding Party. Additionally, Judges will be present in order to evaluate the teams’
performance.

By registering for the Mediation Competition, every participant accepts that MCS will use,
including on social media, photos, interviews, and audiovisual recordings of the Semi-Finals
and Final for promotional purposes.

RULE 2.0

MEDIATION SESSION PROCEDURES

Rule 2.1 General Procedures

In advance of the Competition, the Organizing Committee will randomly assign Teams for the
Preliminary Rounds (as Requesting Party or Responding Party). Every attempt will be made so
that no two Teams will compete against each other more than once during the Preliminary
Rounds.

Rule 2.1.1 Timing

There are two timing systems as illustrated in the tables below:

Preliminary Rounds

Total Time for Mediation Session = 30 min + 5mins

Time for Judges to read mediation proposition =5 mins

Mediation = 20 mins

Scoring = 5mins

*Feedback = 5 mins

Final Rounds

Total Time for Mediation Session = 60 mins + 10 mins

Time for Judges to read mediation proposition =10 mins

Mediation = 45 mins

Scoring = 5mins

*Feedback = 10 mins
Cross-Caucus or Break.
Rule 2.1.2 Breaks

Each Competing Team may take one Break of no more than 1.5 minutes during the Mediation.
If a Competing Team calls for a Break, both Competing Teams together with the Mediation
Session Supervisor must leave the room during such Break. The Mediator, Coaches, and other
members of the Teams not participating orally in the Mediation Session, and all other persons
must remain inside the room.

Silence is to be observed by people staying in the room, including the Judges.

Failure to observe this Rule may result in a Penalty, as stated in the Rule 2.1.3
Caucuses

Caucuses between the Mediator and the Parties and/or their advisors can be helpful in mediation.

During each Mediation Session, the Mediator and the Competing Teams have the right to call for
Caucuses in accordance with the following provisions:

• Each Caucus may last no longer than 3 minutes;

• During any Caucus the Mediation Session Supervisor and the Competing Team or the
members of the Competing Teams not part of the Caucus shall leave the room. The Judges and
all Observers will remain in the room;

• Caucuses can take place between the Mediator and both members of a Competing Team (a
Caucus);

• Caucuses can also take place between the Mediator and the Counsel from both
Competing Teams or the Clients from both Competing Teams (a Cross-Caucus);
• Each Competing Team has the right to call for either one Caucus or for one Cross-Caucus
during a Mediation;

• The Mediator may call for one Caucus with each of the Competing Teams during a Mediation

• The Mediator may call for one Cross-Caucus with the Counsel from each Competing Team
and one Cross-Caucus with the Clients from each Competing Team during a Mediation;
• Competing Team members who are not participating in a Caucus may talk to each other
outside the room during a Caucus;
• During the Caucus the overall time of the Mediation Session continues to run.

Rule 2.2

Judging Criteria: The Judging Criteria are applied to all members; client, counsel and the
mediator. There is no requirement to reach a resolution a settlement or reward for this.

Rule 2.3

Timekeeping Responsibility for timekeeping rests with the Mediation Session Supervisor
during the Mediation Sessions. The Mediation Session Supervisor’s decision on timekeeping is
final.

Rule 2.4 Judges’ and Mediators’ Feedback

Each of the Judges will then provide feedback to each Competing Team, for no more than 5
minutes each in the Preliminary Rounds and no more than 10 minutes each in the Final Rounds
(other than in the Final). Feedback will be based on each Competing Team’s performance in the
Mediation.

Judges must not reveal to any Team the results of their individual determinations and any
Team’s scores.

During their feedback, Judges may refer to the Confidential Information relating to the Problem
that was discussed during the Mediation only to the extent that such Confidential Information
was disclosed therein by a Competing Team.

If a Judge decides to impose a Penalty on a Competing Team or to recommend a Penalty to the

Organizing Committee, according to the procedure laid out in 8.0 below, should inform the
concerned Competing Team accordingly during the feedback. The Judge should explicitly
indicate the Rule violated but should not indicate the number of points subtracted.
Rule 2.4

Staying within the Record the Problems are self-contained and include all relevant facts. It is
strictly forbidden for Teams to:

• deviate from the facts,

• create their own background story,

• misrepresent facts,

• create new facts or

• deny facts contained in their Confidential Information

The facts of the Problems however are subject to reasonable interpretation and Teams may
draw reasonable conclusions from them. Parties are also free to indicate at any time during the
Mediation Session that they do not wish to disclose certain information (yet) or that they do not
have certain information.

RULE 3.0 TEAM APPLICATION AND REGISTRATION

Rule 6.1 Application Process

The Organizing Committee will receive applications in one application period, running from

When applying, each university must declare that the Rules have been read and understood by
each of its Team members and its Coach(es). When submitting the details of the Team
members, each Team must declare that all Team members are Eligible Students.

Rule 6.2 Selection Criteria

For this Competition, the Organizing Committee will accept a maximum of 20 Teams on a first
come, first serve basis.
Upon acceptance, you shall receive an email, allotting you a team code and one of two
propositions.

Rule 7.0 CONFIDENTIAL INFORMATION

The Confidential information will the provided 30 minutes prior to the commencement of the
competition.

Judges and Mediators must keep the contents of the Confidential Information strictly secret
from Teams. All Judges, Mediators, and other competition participants must be aware that
disclosure of Confidential Information to a Team may result in the disqualification of the whole
Team pursuant to Rule 8.0.

RULE 8.0 PENALTIES AND DISQUALIFICATION

If a violation of the Rules is considered to have been committed, a number of Penalty Points
and/or the disqualification of a Team or one or more of its members may be imposed. A
maximum three-point reduction may be imposed for any violation of any of Rules 2.1, 2.4, and
Disqualification from the Competition may be imposed for any violation of any of Rules 7.0. A
breach of any Rule other than those referred to above will not result in a Penalty or
Disqualification. According to the Rule breached, Penalty Points may be imposed by the Judges
directly in the score sheet and/or by the Organizing Committee. Disqualification may only be
imposed by the Organizing Committee, at its own discretion, upon its own initiative or a
recommendation from one or more Judges. The Organizing Committee reserves the right to
make the final decision as to whether and how a sanction is imposed in any circumstance.

RULE 9.0 AWARDS

1. From Preliminary Rounds

i Best Client
ii. Best Counsel
iii. Best Mediator
iv Best BATNA
2. From Final Rounds

i. Winners of each Knockout Round (2)

3. Tie breaker system

In case of two or more teams having the same marks, the winner shall be decided on the basis of
the following:

• The Team with the highest marks in ‘Originality and Creativity of Solutions Suggested’ will
be adjudged as the winner.
• In case the tie still continues, the Team with the highest marks in ‘Identifying Key Issues of
Dispute’ will be adjudged as the winner.
• In case the tie still continues, the Organizing Committee shall reserve the right to introduce any
new tie-breaker.

RULE 10.0 MCS ORGANISING COMMITTEE

Rule 10.1 Power to Take Additional Measures

The Organizing Committee may take other measures as are required for the orderly conduct of
the Competition.

Rule 10.2 Interpretation of Rules

The Organizing Committee’s interpretation as to the implementation of the Rules is final and
conclusive.

RULE 11 REGISTRATION
 11.1 Registration Dates

The Registrations for the competition are open from

11.2. Options to Register

Ø Register as a competing team.

i.e., a full team comprising of a client, counsel, and mediator.

Ø Register as a mediating pair.

i.e., a pair consisting of a client and its counsel

Ø Register as an Individual.
i.e., register for the role of mediator.

Provided, that the individual participation is of more capacity than we can

accommodate, we shall, with your consent, pair you with someone to form a mediating
pair.

11.3
Registration fee
The fee for the competition is Rs 300/- only per competing team, Rs 200/- for mediating pair
and 100/- individual registration. The competing teams can pay via UPI ID or cash. The UPI ID
is attached to the Google form. The Cash can be submitted to Sakshi Sehgal (BA.LLB SEM 5).

11.4 Registration link:

The registration form can be done with the following link attached below:
https://docs.google.com/forms/d/e/1FAIpQLSdtX1dWoboJnJkbBPdQsepDvbN9NdRd1i-
5F6IMZB4_suansQ/viewform?usp=sf_link
11.5 Point of Contact
For any queries, please contact the undersigned:
Reema: +91 97814 05116
Manreet: +91 70878 69371
Vidhi Setia: + 91 88728 00050
Arshdeep: +91 95307 17802

11.6 Grievance Rederessal

All or any grievances are to be presented only to the organizing committee of the Competition
and the decision of the Organizing Committee will be final.

ANNEXURE 1

Instructions for Mediators

A. General Information

This is a mediation competition, not a negotiation competition. As a Mediator in the

Competition, you perform the valuable role of facilitating the Teams to demonstrate their
mediation skills. It is essential that the Mediators participating in the Competition adopt a
consistent and uniform approach to Mediation. With this in mind, please conduct each
Mediation using the following guidelines:
1. How you approach your role as Mediator in the Mediation determines the quality of the
learning experience that each student will have during the Competition. Your primary goal
as a Mediator is to inspire the greatest quality of Team performance during the
Competition.
2. Please prepare well so that you fully understand what is required of you.
3. In advance of the Competition, you must read the Rules including all Annexes.
4. In advance of the Competition, you must read the General Information (but not the
Confidential Information) of each of the Problems for which you have been appointed as
Mediator.
5. Your Mediator’s opening statement should be less than 1.5 minutes in duration. For the
purpose and content of your opening statement please refer to B below.
6. You should encourage each Competing Team to adopt practical and realistic solutions
to Problems and to take account of financial and/or business considerations.
7. You should encourage Competing Teams to address all important issues during the
Mediation and you should discourage them from postponing “difficult” ones to imaginary
future sessions.

8. Please note, however, that it is not the aim of a Mediation to settle all issues in dispute
but to progress towards acceptable and realistic solutions.
9. As set out in B below, you are requested to adopt a facilitative style during the
Mediation, independent of your personal style in real life. Accordingly, you should not:
• suggest specific options for settlement;
• express a view as to who is right and who is wrong;

B. The Role of the Mediator

1. One of the learning experiences for students – and Professionals – at the Competition is
the opportunity to work with and observe Mediators’ different styles and approaches to
mediation.
2. This means that Mediators will take a facilitative approach, refraining from making
proposals on the substance of the dispute. It also means that Mediators will take an
approach to the process that takes into account what students have prepared for and are
expecting.
3. As a guideline, (perhaps) Mediators should wait to see if students make process
suggestions before making them themselves. These will include suggestions on agenda
setting, visualization, what to talk about next, summarizing, and caucusing.
4. At the Competition students will suggest these process steps, often asking the Mediator
to assist with them. This does not mean that Mediators may not ask questions and reflect
on and guide the process themselves. It means that they should ensure the right balance
between Mediator interventions and student initiatives.
5. The Score Sheet includes the category “Use of the Mediator.” Students receive points
for asking the Mediator to take process initiative wherever this is appropriate. It is
therefore important for students to feel comfortable making requests of the Mediator, and
for the Mediator to wisely consider whether to comply with these requests.
IMPORTANT DATES FOR THE COMPETITION

PARTICULARS DATE

Announcement of the competition

Last date to register

Release of problems

Last date to seek clarifications

Dates of competition

HAPPY PARTICIPATING!