ADR skit
ADR skit
Good morning everyone, today we are going to present a mock arbitration proceeding in relation
to a dispute regarding share contract agreement. We have Geetika as _____, Aishanya as _____ and
me as Arbitrator.
[Scene: A formal arbitration hearing room with a large table in the Center. The arbitrator sits at the
head of the table. The two parties, Mrs. A and Mrs. B, sit on opposite sides of the table. A court
reporter sits to the side.]
Arbitrator: Good afternoon, everyone. We're here today for the arbitration of a share contract dispute
between Mrs. A, representing herself, and Mrs. B, representing her company, B Enterprises. I'm the
arbitrator assigned to this case, and I'd like to remind everyone that this proceeding is being recorded
for the record. Let's begin. I would request Mrs. A may present your opening statement.
Mrs. A: Thank you, Your Honor. We are here today because Mrs. B and B Enterprises have breached
our share purchase agreement by failing to pay the agreed-upon amount of $50,000 for the shares I
sold to them.
Mrs. B: Respectfully, Your Honor, that's not true. Mrs. A misrepresented the value of the shares she
sold to us. We discovered after the sale that the shares were actually worth much less than what she
told us.
Arbitrator: Alright, let's start with the basics. Can you provide me with a copy of the share purchase
agreement, please?
Arbitrator: Thank you. Now, I see that the agreement outlines the sale of the shares and the agreed-
upon price. Is there a clause in the agreement that deals with the valuation of the shares?
Mrs. B: Yes, Your Honor. Clause 4 states that the price per share will be based on the fair market value
of the shares at the time of the sale.
Arbitrator: Thank you. Mrs. A, how did you come up with the price of the shares?
Mrs. A: Your Honor, I hired an independent appraiser to value the shares, and he determined that
they were worth $5 per share.
Mrs. B: Your Honor, we conducted our own valuation after the sale, and we found that the shares
were only worth $2 per share.
Arbitrator: Mrs. A, did you provide the appraiser's valuation report to Mrs. B before the sale?
Arbitrator: Mrs. B, did you conduct your own valuation before the sale?
Mrs. B: No, Your Honor, we did not. We relied on Mrs. A' representation of the value of the shares.
Arbitrator: Well, it seems like there was a miscommunication here. Mrs. B, did you try to contact Mrs.
A to discuss the issue?
Mrs. B: Yes, Your Honor, we did try to call her, but we didn't get a response.
Arbitrator: Mrs. A, did you receive any missed calls from B Enterprises?
Mrs. B: Your Honor, I did receive some calls, but I was unable to answer them due to personal reasons
at the time.
Arbitrator: Alright, it seems like there was a breakdown in communication on both sides. However,
the agreement clearly states that the price per share is based on the fair market value of the shares
at the time of the sale. Mrs. B, did you have evidence to support your claim that the shares were only
worth $2 per share?
Mrs. B: Yes, Your Honor. We conducted a valuation with a reputable appraisal firm after the sale, and
they determined that the shares were worth $2 per share.
Arbitrator: Alright, thank you for providing that information. Based on the evidence presented, it
seems that Mrs. A did not provide Mrs. B with accurate information regarding the value of the shares.
while I understand that you are working to resolve this issue, it is not fair for Mrs. B to be left without
the remaining shares or a refund for such an extended period of time. Therefore, I am ordering you to
provide a full refund to Mrs. B within 30 days.
Thank all the participants for taking part in this arbitration hearing. This concludes the proceedings,
and the arbitration is now adjourned."