EDITOR’S NOTE: This is a reader’s experience. The opinions expressed are that of the person concerned and NOT of Lawctopus.
Experience at AMITY JAIPUR MEDIATION COMPETITION (17-18th March 2016)
Amity Jaipur declared that they will be conducting a mediation competition and the notification for said competition was also conveyed through different portals including Lawctopus.
Now the experience which I had in the mediation competition was bizarre. It was like they were conducting a mediation competition which was moreover a judgment writing competition.
Now I know that I started a bit early without specifying what the competition was all about but yeah everything bad happened to us was also really fast.
1st Day of the Competition [17th March, 2015]
Participants reached on time which was given by the University. Then there was an introductory session about the competition.
Till this stage no one was able to find out what was going wrong. But then they made 18 teams of mediators sat in “ONE ROOM” and conduct the “MEDIATION COMPETITION”.
As the competition hasn’t yet started so everyone was expecting that “Yeah, the competition will take place in the usual format”. But then there was an announcement that the competition begins and then the format was explained.
The format of the competition was (THE MOST SHOCKING FORMAT OF A MEDIATION IS PROVIDED BELOW) as follows:
- The mediators (all sitting in the same room) will be provided a fact sheet for the competition.
- Then the mediators (all sitting in the same room) will be given time to listen to the pleadings of the pleaders.
- Then the mediators will be given 2 hours to decide and SETTLE (without having any sort of conversation with pleaders) the dispute.
Now you must be thinking what is wrong in this format, the points are as follows:
- All the mediators were sitting in the same room.
- There was no privacy for the mediators so as to conduct a private session.
- There was no sort of two way interaction between the mediators and the parties.
- And the most hilarious one is that the mediators have to settle without interacting.
Now you must be thinking that these are some very small points which can be addressed easily, so the possible suggestions which the PRESTIGIOUS COLLEGE’S PROFESSORS gave are as follows:
- The first point that mediator to be given a separate room was completely ignored by saying that we don’t have this much of time and resources so please adjust.
- No sort of private session to be conducted in the competition as again lack of time and resources.
- Now firstly the best alternative which they adopted for interacting with the pleaders was to raise hand and ask the question (in front of the other 17 mediator teams sitting in the room), then when students did not accepted this, they gave another alternative which was to pass the question on the chits (and if there are thousands of questions than it is your bad luck) so as the privacy will be maintained.
- Still they were not able to clarify their own rules, so they used some really hard statements like: THIS IS OUR COLLEGE AND WE HAVE DIFFERENT RULES SO YOU WILL HAVE TO DEAL WITH IT. (They actually meant that yeah if we are conducting a moot court competition and we are actually conducting a debate so we can do that as all college have different rules in different competition). Now how can we explain them that yeah the rules are different but the rules did not change the format of the competition like we cannot say that in the moot we will decide the winner by an antakshari competition, this is not how the competition works).
- THOSE OF YOU WHO WANT TO LEAVE CAN LEAVE THE COMPETITION NO ONE WILL STOP THEM (They told that they won’t stop but they were catching the students like cat and mice).
Just to collect you back this is all happening at the first day itself the second day is more disappointing.
So after all this all the national participants stood up and left the competition. The national participation includes colleges like University of Petroleum and Energy Studies, VIPS(IP) and Rajasthan University.
Also an important fact the domestic participants also showed support to the national participants that “this is not the way mediation is conducted”.
Firstly they requested to attend the competition in the way it was organized but as the competition was not for which the participants were planned so no one showed any interest in participating. But when participants stood adamant the Amity College adopted another method to threaten the participants.
THREATS WHICH WERE GIVEN AT THIS COMPETITION:
- The best thing happened after that the Head of the college approached the students who decided to not to attend the competition were threatened that disciplinary actions will be conducted over their decision.
- Also one of the students of Amity Law School threatened one of the students of UPES that he will beat him if he won’t sit quietly and attend the competition.
Then finally they told us that whatever rules and procedure we would advise, in those parameters they are ready to conduct the competition.
So, concluding no such thing as COMPETITION took place on the first day
2nd Day of the of the Competition [18th March, 2016]
The competition begin on time but there were some of the “MINOR COMPROMISES” which the participants had to make
MINOR COMPROMISES are as follows:
- The time of the mediation was decided as 40+5 minutes but it was lowered to 15+5 minutes due to lack of time and resources.
- The faculty judging had no knowledge about the mediation and was in fact a BIOTECH (Btech.) faculty.
- The score sheets will not be provided to you.
- If anyone needs score then they will be told orally.
- When demanded that please provide us score sheets, the answer was no we won’t provide you the score sheets and no reasoning for that was given.
At the end of the competition it can be collected that:
- They had no idea about the competition but conducted anyhow.
- They changed the whole set of rules within a day
- There was no transparency as they did not provide the score sheets
- The people judging had no clue what they were judging.
- They provided a separate format for Settlement agreement on the first day.
Note: Lawctopus tried reaching the organizers for a response over email and on phone but to no avail.