ADR Simulation Exercise
ADR Simulation Exercise
ADR Simulation Exercise
Problem 1
MEDIATION:
Mrs. Saritha & M/s Venkateshwara Electronics Pvt. Ltd.
https://www.studocu.com/in/messages/question/3962823/mediation-mrs-saritha-ms-
venkateshwara-electronics-pvtltd-brief-facts-of-the-case-saritha
Problem 2
ARBITRATION:
Baheti Iron & Steel Vs. Sriram Steels
https://www.studocu.com/in/messages/question/3962882/arbitration-baheti-iron-steel-vs-sriram-
steels-brief-facts-of-the-case-baheti-iron - No solution- should pay to unlock
Problem 3
CONCILIATION:
Mahender & 25 colleagues Vs. Jindal Aluminum Company Pvt Ltd
https://www.studocu.com/in/messages/question/3962942/conciliation-mahender-25-colleagues-vs-
jindal-aluminum-company-pvt-ltd-brief-facts-of-the-case
Problem 4
NEGOTIATION:
Mrs. Chandrika Vs. Mr. Harish
Problem 5
LOK ADALAT:
Before the honorable Judge of Lok Adalat at CCC, Hyderabad.
Abhiram Vs. Goyal Associates
https://www.studocu.com/in/messages/question/3963193/lok-adalat-before-the-honorable-judge-
of-lok-adalat-at-ccc-hyderabad-abhiram-vs-goyal
Prob 1:
https://www.studocu.com/in/messages/question/3962823/mediation-mrs-saritha-ms-
venkateshwara-electronics-pvtltd-brief-facts-of-the-case-saritha
Parties Involved:
Mrs. Saritha (Complainant)
M/s Venkateshwara Electronics Pvt Ltd (Respondent)
Brief Facts of the Case:
Mrs. Saritha, a housewife, purchased a Samsung TV on the basis of an EMI from M/s
Venkateshwara Electronics Pvt Ltd.
Saritha issued ten Post Dated Cheques (PDCs) with the amount of Rs. 2000/- per month as
an installment.
Out of the ten cheques, six were honoured, but from the 7th month onwards, the TV started
developing technical issues.
Saritha informed the sales manager of the showroom about the issues, but no action was
taken.
In the 8th month, the TV completely stopped working, and the remaining cheques were
dishonoured until the 10th month.
M/s Venkateshwara Electronics Pvt Ltd sent a notice to Saritha for the payment of the
balance amount.
Proposed Resolution:
Both parties agree to resolve the matter through mediation and reach a mutually acceptable
solution.
M/s Venkateshwara Electronics Pvt Ltd agrees to replace the faulty TV with a new one of the
same model and specifications.
Saritha agrees to pay the balance amount of Rs. 4000/- in two equal installments of Rs.
2000/- each, to be paid within 30 days from the date of signing this Memorandum of
Undertaking (MoU).
Both parties agree to consider the matter fully settled and withdraw any legal claims or
disputes related to this case upon successful completion of the agreed resolution.
Terms and Conditions:
1. The replacement TV provided by M/s Venkateshwara Electronics Pvt Ltd will be covered
under a warranty period of 1 year from the date of delivery.
2. Saritha will be responsible for any damages caused to the replacement TV due to
mishandling or misuse.
3. In case of any future issues with the replacement TV, Saritha will contact the authorized
service center of M/s Venkateshwara Electronics Pvt Ltd for resolution.
4. Failure to comply with the terms and conditions mentioned in this MoU may result in legal
action.
Signatures:
Mrs. Saritha (Complainant)
Representative of M/s Venkateshwara Electronics Pvt Ltd (Respondent)
This Memorandum of Undertaking is drafted to facilitate the resolution of the dispute between Mrs.
Saritha and M/s Venkateshwara Electronics Pvt Ltd. Both parties agree to abide by the terms and
conditions mentioned herein and consider the matter fully settled upon successful completion of the
agreed
Prob 2:
https://www.studocu.com/in/messages/question/3962882/arbitration-baheti-iron-steel-vs-sriram-
steels-brief-facts-of-the-case-baheti-iron
ARBITRATION:
Honourable Arbitrator,
We stand before you today to seek a fair resolution to the dispute between Baheti Iron &
Steel and Sriram Steels. Our esteemed client, Baheti Iron & Steel, acknowledges the
importance of fulfilling contractual obligations, and deeply regrets any inconvenience caused
to Sriram Steels. However, we firmly contend that the unforeseen transport company strike
was the sole reason for the delay in delivery, an occurrence beyond our client's control.
Key Arguments:
In the case of Baheti Iron & Steel vs. Sriram Steels, the following arguments can be presented before
the arbitrator:
1. Breach of Contract: Sriram Steels ordered steel worth Rs. 2 Cr from Baheti Iron & Steel, and
there was an ongoing business relationship between the parties. Baheti Iron & Steel failed to
supply the steel on time, resulting in significant losses for Sriram Steels. This constitutes a
breach of contract by Baheti Iron & Steel.
2. Force Majeure: Baheti Iron & Steel claims that the delay in supplying the steel was due to a
transport company's strike, which was beyond their control. They should be excused from
liability for the delay under the principle of force majeure.
3. Mitigation of Loss: Sriram Steels should have taken reasonable steps to mitigate their losses
caused by the delay in steel supply. They should have explored alternative suppliers or made
arrangements to minimize the impact of the delay. Failure to do so may limit their claim for
damages.
4. Business Relationship: The parties had an ongoing business relationship and relied upon
each other frequently. This relationship should be taken into consideration when
determining the appropriate remedy for the breach of contract. The arbitrator should aim to
preserve the business relationship if possible.
5. Choice of Arbitration Venue: The petitioner (Baheti Iron & Steel) wants the arbitrator to be
appointed in Hyderabad, while the respondent (Sriram Steels) objects to this. The arbitrator
should consider the convenience of both parties and the location where the contract
negotiations took place (Ranchi) when deciding on the appropriate venue for arbitration.
[Date]
Arbitration Award
In the case of Baheti Iron & Steel vs. Sriram Steels, the arbitrator's award should consider the
following:
1. Breach of Contract: It is established that Baheti Iron & Steel breached the contract by failing
to supply the steel on time, causing losses to Sriram Steels.
2. Force Majeure: The arbitrator acknowledges that the delay in steel supply was due to a
transport company's strike, which qualifies as a force majeure event. Baheti Iron & Steel
should be excused from liability for the delay.
3. Mitigation of Loss: Sriram Steels failed to take reasonable steps to mitigate their losses
caused by the delay in steel supply. As a result, their claim for damages should be limited to
the extent that they could have reasonably mitigated their losses.
4. Remedy: The arbitrator should award compensation to Sriram Steels for the losses incurred
due to the delay in steel supply. The amount of compensation should be determined based
on the actual losses suffered and the extent to which Sriram Steels could have mitigated
their losses.
5. Preservation of Business Relationship: The arbitrator should aim to preserve the business
relationship between the parties, considering their ongoing relationship and reliance on
each other. The award should be fair and reasonable, taking into account the interests of
both parties.
6. Choice of Arbitration Venue: The arbitrator should decide on the appropriate venue for
arbitration, considering the convenience of both parties and the location where the contract
negotiations took place (Ranchi). The venue should ensure a fair and impartial arbitration
process.
[Signature of Arbitrator]
[Name of Arbitrator]
[Date]
Prob 3:
CONCILIATION:
https://www.studocu.com/in/messages/question/3962942/conciliation-mahender-25-colleagues-vs-
jindal-aluminum-company-pvt-ltd-brief-facts-of-the-case
[Employee 2] [Date]
[Employee 3] [Date]
Employee's NameSignature Date
... [Date]
Prob 5:
https://www.studocu.com/in/messages/question/3963193/lok-adalat-before-the-honorable-judge-
of-lok-adalat-at-ccc-hyderabad-abhiram-vs-goyal
LOK ADALAT:
Prob 4
NEGOTIATION:
Mrs. Chandrika Vs. Mr. Harish
Brief facts of the case:
Mrs. Chandrika and Mr. Harish are wife and husband married in the year 2020.
They’re blessed with a baby girl of 2 years.
Right from the beginning, both of them had lots of incompatibility between them.
Now they both have decided to get separated and agreed for negotiation for a faster
settlement.
Wife's Arguments:
Primary Custody: Mrs. Chandrika asserts that she is best suited to provide primary care and
support for their daughter given her current circumstances.
Financial Stability: She requests financial support from Mr. Harish to ensure the well-being
and proper upbringing of their child.
Husband's Arguments:
Reasonable Visitation: Mr. Harish emphasizes the importance of his presence and
involvement in their daughter's life. He seeks reasonable and consistent visitation rights.
Equitable Division: He urges for a fair division of marital assets, ensuring both parties can
move forward independently.
The parties agree to joint legal custody of their daughter. The Wife shall be the primary
custodian, and the Husband shall have reasonable visitation rights, as agreed upon by both
parties or as ordered by the court.
Financial Support:
The Husband agrees to provide financial support to the Wife and child in the form of
[Specify Details, e.g., monthly alimony/child support]. The parties will review this
arrangement every [Specify Duration, e.g., six months] to ensure it remains fair and
equitable.
The parties agree to an equitable division of marital assets and liabilities as follows: [Specify
Details, e.g., property, bank accounts, investments, debts].
Residence:
The Wife shall retain the family residence located at [Address]. The Husband shall remove
his name from the ownership or lease agreement.
Personal Belongings:
Dispute Resolution:
Both parties agree to address any future disputes through open and honest communication,
with mediation or counseling as an option if needed.
Confidentiality:
The terms and conditions of this Agreement shall be treated as confidential by both parties.
Disclosure to any third party, without express consent, is strictly prohibited.
Signatures:
Signature: _______________________
Name: Chandrika
Date: _______________
Signature: _______________________
Name: Harish
Date: _______________
This Settlement Agreement is binding upon both parties and shall be construed in accordance
with the laws applicable in [Jurisdiction]. Any modifications to this Agreement shall be valid
only if made in writing and signed by both parties.
Sai
By Classmate:
1)Mediation Report
Parties:
Brief Overview:
Mrs. Saritha purchased a Samsung TV on EMI from M/s Venkateshwara Electronics Pvt.
Ltd. She issued ten Post Dated Cheques of Rs. 2000/- each as installments. Six cheques were
honored, but on the 7th month, the TV started experiencing technical issues. Despite
informing the sales manager, no action was taken. In the 8th month, the TV completely
malfunctioned, and from then, the cheques were dishonored until the 10th month. M/s
Venkateshwara Electronics Pvt. Ltd. sent a notice to Saritha for the balance payment.
Mediation Process:
The mediation process was conducted on [Date] at [Location], with both parties present. The
mediator facilitated open and honest communication between Mrs. Saritha and M/s
Venkateshwara Electronics Pvt. Ltd.
Issues Discussed:
Responsibility of M/s Venkateshwara Electronics Pvt. Ltd. in addressing the technical issues.
Agreements Reached:
M/s Venkateshwara Electronics Pvt. Ltd. acknowledged the technical issues with the TV and
agreed to take responsibility for repairs.
Mrs. Saritha agreed to clear the outstanding installments in full within 30 days of the TV
being repaired.
Memorandum of Undertaking:
M/s Venkateshwara Electronics Pvt. Ltd. agrees to repair the Samsung TV purchased by Mrs.
Saritha within 15 days from the date of this MOU.
Mrs. Saritha agrees to pay the outstanding balance of Rs. [Amount] within 30 days from the
date of repair completion.
Upon receipt of the full outstanding amount, M/s Venkateshwara Electronics Pvt. Ltd. will
provide a warranty for the repaired TV for a period of [Duration].
In the event of any further technical issues within the warranty period, M/s Venkateshwara
Electronics Pvt. Ltd. commits to provide prompt and free-of-charge repairs.
Both parties agree to consider the matter amicably resolved and waive any further claims or
legal actions related to this dispute.
Signatures:
Brief Overview:
Baheti Iron & Steel, a wholesale supplier based in Jamshedpur, entered into a contract with
Sriram Steels, located in Hyderabad, for the supply of steel worth Rs. 2 Crores. The negotiation
for this contract took place in Ranchi, facilitated by their ongoing business relationship. Sriram
Steels alleges that Baheti failed to supply the steel on time, resulting in substantial losses. In
response, Baheti Steels contends that the delay was caused by a transport company strike, which
was beyond their control. Baheti Iron & Steel is hesitant to involve their insurers to avoid
potential future complications. Due to Baheti's inability to supply the steel, they incurred
significant losses, prompting both parties to agree to arbitration. However, a dispute arises
regarding the location of the arbitrator, with the petitioner advocating for Hyderabad, while the
respondent objects.
Opening Statement:
Honorable Arbitrator,
We stand before you today to seek a fair resolution to the dispute between Baheti Iron & Steel
and Sriram Steels. Our esteemed client, Baheti Iron & Steel, acknowledges the importance of
fulfilling contractual obligations, and deeply regrets any inconvenience caused to Sriram Steels.
However, we firmly contend that the unforeseen transport company strike was the sole reason for
the delay in delivery, an occurrence beyond our client's control.
Key Arguments:
The transport company strike constitutes a bona fide force majeure event, an unforeseeable
circumstance that directly hindered our client's ability to fulfill the contract.
This event is explicitly beyond the scope of Baheti Iron & Steel's control, absolving them of any
liability arising from the delay.
Mitigation of Losses:
Our client took immediate and reasonable steps to mitigate losses, seeking alternative means of
transportation, and exploring other avenues to expedite the delivery process.
The parties have a longstanding, mutually beneficial business relationship built on trust and
reliability. It is crucial to consider the history of successful transactions and cooperation between
the two entities.
Avoidance of Insurer Involvement:
Baheti Iron & Steel's reluctance to involve their insurers is rooted in a genuine concern for
potential complications in future business transactions, not an attempt to evade responsibility.
The petitioner seeks a fair and impartial arbitration process and suggests Hyderabad as the
venue, believing it to be a neutral ground.
Conclusion:
[Arbitrator's Name]
[Date]
Arbitration Award
Having carefully considered the arguments presented by both parties, and in accordance with
the principles of fairness and equity, the following award is hereby issued:
The force majeure event, namely the transport company strike, is recognized as a legitimate
cause of delay in the fulfillment of the contract by Baheti Iron & Steel.
Baheti Iron & Steel shall be held liable for any direct losses incurred by Sriram Steels as a result
of the delay, with a deduction for any losses mitigated by Sriram Steels.
The choice of Hyderabad as the arbitration venue is deemed appropriate in the interest of
fairness and neutrality.
This award is final and binding upon both parties, and no further claims shall be pursued in
connection with this dispute.
[Signature of Arbitrator]
[Name of Arbitrator]
[Date]
3)Settlement Agreement
Address: [Address]
and
Address: [Address]
Background:
Mahender and 25 of his colleagues were previously employed by Jindal Aluminum Company
Pvt Ltd ("Company"). Due to a period of low sales, the Company initiated a lay-off, affecting
the Claimants. Subsequently, the market experienced a sudden surge, prompting the
Company to engage in new hiring with competitive salary packages. The Claimants,
represented by Mahender as their President, sought reinstatement with commensurate wages,
contending their long-standing association with the Company since its inception. Initial
discussions between the parties failed to yield a resolution, leading both parties to voluntarily
opt for conciliation proceedings.
The Company agrees to reinstate Mahender and the 25 colleagues, providing them with
positions commensurate to their skills and experience.
The Claimants shall receive a salary package equivalent to that offered to new appointees in
similar roles.
The Claimants' seniority shall be calculated from the date of their initial employment with
the Company.
All accrued benefits, including but not limited to, leave entitlements, retirement benefits, and
other applicable perks, shall be reinstated and maintained.
The Company shall provide necessary training and orientation to the Claimants as per the
requirements of their newly assigned roles.
Dispute Resolution:
Both parties agree to abide by the terms of this Agreement and resolve any future disputes
arising from this arrangement through amicable negotiations and, if necessary, by engaging in
conciliation or mediation.
Confidentiality:
The terms and conditions of this Agreement shall be treated as confidential by both parties.
Disclosure of these terms to any third party, without express consent, is strictly prohibited.
Implementation:
This Agreement shall come into effect immediately upon the signatures of both parties.
Signatures:
Signature: _______________________
Name: Mahender
Date: _______________
Signature: _______________________
Date: _______________
This Settlement Agreement is binding upon both parties and shall be construed in accordance
with the laws applicable in [Jurisdiction]. Any modifications to this Agreement shall be valid
only if made in writing and signed by both parties.
4)Settlement Agreement
Address: [Address]
and
Address: [Address]
Background:
Mrs. Chandrika and Mr. Harish were married in the year 2020 and have a two-year-old
daughter. Unfortunately, they have faced ongoing incompatibility issues throughout their
marriage. In an effort to achieve an amicable resolution and expedite the separation process,
both parties have chosen to engage in negotiations.
The parties agree to joint legal custody of their daughter. The Wife shall be the primary
custodian, and the Husband shall have reasonable visitation rights, as agreed upon by both
parties or as ordered by the court.
Financial Support:
The Husband agrees to provide financial support to the Wife and child in the form of
[Specify Details, e.g., monthly alimony/child support]. The parties will review this
arrangement every [Specify Duration, e.g., six months] to ensure it remains fair and
equitable.
The parties agree to an equitable division of marital assets and liabilities as follows: [Specify
Details, e.g., property, bank accounts, investments, debts].
Residence:
The Wife shall retain the family residence located at [Address]. The Husband shall remove
his name from the ownership or lease agreement.
Personal Belongings:
Both parties shall retain their respective personal belongings.
Dispute Resolution:
Both parties agree to address any future disputes through open and honest communication,
with mediation or counseling as an option if needed.
Confidentiality:
The terms and conditions of this Agreement shall be treated as confidential by both parties.
Disclosure to any third party, without express consent, is strictly prohibited.
Wife's Arguments:
Primary Custody: Mrs. Chandrika asserts that she is best suited to provide primary care and
support for their daughter given her current circumstances.
Financial Stability: She requests financial support from Mr. Harish to ensure the well-being
and proper upbringing of their child.
Husband's Arguments:
Reasonable Visitation: Mr. Harish emphasizes the importance of his presence and
involvement in their daughter's life. He seeks reasonable and consistent visitation rights.
Equitable Division: He urges for a fair division of marital assets, ensuring both parties can
move forward independently.
Signatures:
Signature: _______________________
Name: Chandrika
Date: _______________
Signature: _______________________
Name: Harish
Date: _______________
This Settlement Agreement is binding upon both parties and shall be construed in accordance
with the laws applicable in [Jurisdiction]. Any modifications to this Agreement shall be valid
only if made in writing and signed by both parties.
Abhiram entered into an agreement with Goyal Associates, wherein he borrowed Rs 10 Lakhs,
agreeing to pay an interest of 18% per annum. In the first installment, Abhiram repaid Rs 5 Lakhs
after one year. In the second installment, he cleared Rs 3 Lakhs after two years. Currently,
Abhiram has a remaining principal of Rs 2 Lakhs with accrued interest, as per the original
agreement. However, Goyal Associates are demanding interest at the rate of 18% on the entire
borrowed amount of Rs 10 Lakhs.
Abhiram's Position:
Abhiram contends that he has repaid a substantial portion of the loan amount, totaling Rs 8
Lakhs. He asserts that the interest should be calculated only on the remaining principal of Rs 2
Lakhs, as per the original agreement.
Goyal Associates argue that the interest rate agreed upon was 18% per annum on the initial
borrowed amount of Rs 10 Lakhs. They maintain that this rate should be applied until the entire
outstanding amount is settled.
Resolution Sought:
Abhiram seeks a fair assessment of the interest due, based on the remaining principal of Rs 2
Lakhs, in accordance with the terms of the original agreement.
Lok Adalat's Consideration:
The Lok Adalat is requested to mediate and facilitate an equitable resolution between the parties,
taking into account both parties' positions and the terms of the initial agreement.
Note: The Lok Adalat will consider the arguments presented by both parties and work towards a
mutually agreeable settlement.
[Date]