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:

  1. The mediators (all sitting in the same room) will be provided a fact sheet for the competition.
  2. Then the mediators (all sitting in the same room) will be given time to listen to the pleadings of the pleaders.
  3. 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:

  1. All the mediators were sitting in the same room.
  2. There was no privacy for the mediators so as to conduct a private session.
  3. There was no sort of two way interaction between the mediators and the parties.
  4. 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:

  1. 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.
  2. No sort of private session to be conducted in the competition as again lack of time and resources.
  3. 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.
  4. 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).
  5. 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.

  1. 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.
  2. 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:

  1. 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.
  2. The faculty judging had no knowledge about the mediation and was in fact a BIOTECH (Btech.) faculty.
  3. The score sheets will not be provided to you.
  4. If anyone needs score then they will be told orally.
  5. 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:

  1. They had no idea about the competition but conducted anyhow.
  2. They changed the whole set of rules within a day
  3. There was no transparency as they did not provide the score sheets
  4. The people judging had no clue what they were judging.
  5. 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.

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  1. Young Law interns are suggested to download the book viz. “MEDIATION TRAINING MANUAL OF INDIA .. released by Mediation and Conciliation Project Committee, Supreme Court of India, Delhi .. Search in the Google.

    Read ..P. 10 .. says .. in simple words differences of opinion leads to disagreements, disagreements leads to disputes, unresolved disputes leads to conflicts. Unresolved conflicts leads violence and war.

    Young Law students have to focus attention on the crux the problem ( issue of Law or issue of fact or both? in majority of the cases issues of fact only ) if the problem is given to you, check exactly where the difference of opinion commences? exactly where both parties are disagreed? If you know these two you know the root cause of dispute. If the dispute intensifies it will become unresolved conflict. At this stage the case is reaching the Courts.

    Then, read the Sec. 89 of C.P.C. .. alternate dispute resolution systems .. Mediation, Conciliation, Arbitration, Lok Adalat and Judicial Settlement. How to use each one to solve your problem. Which method is suitable to settle your case, you identify. Then you will know the solution.

    The confusing part is how to appoint Private Mediators and legality of the Award passed by them? 1. Court referred Mediation 2. Private Mediation.

    Again you have to concentrate on the filing procedure. You need more clarity on the filing procedure.

    What is the filing procedure of Pre Litigation cases? ( whether the Trial procedure is like regular Civil Cases or not? )

    What is the filing procedure if the Lok Adalat is established under Sec. 19 and Sec. 22B of Legal Services Authorities Act, 1987. What is the difference between these two? ( an in depth analysis is required)

    Young Law interns are suggested to read the above book first. Then think on your own how to develop lateral thinking.

  2. Young Law students are suggested simply ignore the incidents as mentioned above. If you want academic recognition you have to participate in the above said competitions. If you want to succeed in profession you have to know how to please your client and how to win the case.

    Even the senior most Advocate is also a ever learning student of law. Even after million births the next birth will be a new one to learn law.

    Law Students those who want to develop on your own or sharpen your skills read the traditional books on Mimamsa, Tarka and Nyaya of ancient Rishis. Many, many Sanskrit texts were hidden. Future generations have to concentrate more on traditional legal knowledge hiding within our Sanskrit texts.

    The argumentative skills of Jagadgurus like Sri Adi Sankara, Sri Ramanuja, Sri Madhva and the like are wonderful. Expose the hidden skills of these spiritual stalwarts how they won in their debates. Compare traditional legal skills and modern jurisprudence or legal skills. Once you understand the heart of Sri Adisankara you will never leave him. He was such a wonderful Brahmajnani.

    If you any traumatic experience simply root them out from your subconscious mind immediately.

    Simply ignore all these traumatic experiences. We had thousands of well trained Lawyers yet crores of cases are kept pending before the Courts from Trial Courts to Supreme Court.

    If you are dissatisfied in the initial stages how you will become a successful Advocates in future? Think once again.

    To succeed in your profession what you need is latest position of law, facts of the case, latest judgments in support of your case, that too upto the satisfaction of the Judge. You remember this. This is a truth.

    • If you are dissatisfied in the initial stages how you will become a successful Advocates in future? Think once again.

      Isn’t dissatisfaction with the current state of things a necessary condition for progress?

      Simply ignore all these traumatic experiences.

      Does that mean you don’t raise your voice against injustice being done? Have you heard of that poem? “First they came for the Jews…”?

      • Please read the Mediators Training Manual of India released by Supreme Court. In case of Mediation cases there are two types. 1. Private Mediation and 2. Court referral mediation.

        In case of Mediation .. both parties have to come to amicable conclusion or reasonable conclusion and will set the terms on their own. The role of mediator is very less. The said mediator need not tell the reasons if the said mediation is failed.

        I think you don’t know anything about the Trial Court law practice. When the students are paying lakhs of rupees for the Course why they have to dissatisfy?

        What is the filing procedure to file Pre Litigation case before the District Legal Services Authority? If both parties agreed to settle the case why the DLS have to adjourn the matter?

        The present Advocates have to change their mindset from linear thinking to lateral thinking. Tell your students to download the Mediators Training Manual of India and study it. Enlighten your people on what is linear thinking and lateral thinking. How mediators training will be useful.

        I have not heard about the said poem .. First they came from Jews I don’t know it’s content and essence.

  3. I, Mona Mahecha, Assistant Professor, Amity Law School, also like to clarify some facts-
    1. We had clearly published our rules and regulations and all the other participants were ready to compete as per the rules published online by the ALS, AUR. But few participants from other universities (including the publisher who put allegations through lawoctopus) wanted to conduct it as per their wish…even though they were completely familiar with the published rules and thenafter get themselves registered.
    2. No threatening was given by anyone. Our HOI is so generous that inspite of the deemed misconduct of the participants from UPES, she was doing her best to satisfy the students.
    3. Students of Amity Law School, AUR are very well mannered and disciplined. While Students from UPES were committing nuisance and misbehaved with faculty members. one of our student was just trying to control their misbehaviour.
    4. Score Sheet was not demanded by the UPES students from organizers.

  4. I Nitya Nand Pandey Assistant Professor, Amity Law School, Amity University Jaipur would, hereby like to clear the fact as follows-
    1- The UPES college has been now black listed in our university and also suppose to all prestigious University/College to do the same due to the misbehavior of the students of that college.
    2- The Amity University Rajasthan conduct Amity Law Fest (ALF) in every year and under this furtherance the same had been conducted on 17th & 18th of March 2016. In this festival, University organized some event. But this event is a part of fest and not a competition in strict sense.
    3- Around 70 Events are conducted in these two days. So lot of time cannot be given for all events to conduct in its strict sense. So we make the rule very flexible and provide a common session to all participants and the same was done in this year also and we publish our rule and regulation properly and conducted the event accordingly.
    4- The participants, after reading and understanding all the rules and regulations, apply in the event and are not entitle to question the same during the event is going on. If he does so, it is deemed misconduct and liable to debar from the event and the same was done by the students of UPES Dehradun. So that college is now in black list.
    5- But on basis of “Atithi Devo Bhava:” and because generous attitude of HOIs of Amity Law School, we had considered them and changed our rule as they suggested. In this way if they think that they had won………..then they are a big fools.

  5. Same was the Case with Lloyd Law college National Asian Parliamentary debate Competition. It was notified that the competition will have the Asian Parliamentary debate format but that set debate format was not followed. They were no motions as such only one topic was given without clarifying much. Also Contradictory to format the adjudication was done by judges who does not know what is the rules and format of Asian Parliamentary debate are, Even those adjudicators are not allowing POI’s and also were stopping and asking questions in between. Also, they changed the criterion twice for teams going into the next rounds and have to change their results. So this is something which has become trend as every college in a race wants to conduct some or other tournament they may or may not have that much time and resource to conduct it. Leaving the tournament shady and participant disappointed

  6. Hi! Can somebody please reveal the nls negotiation fiasco too? Waiting to heara detailed account.

    Nujs corp law moot was also conducted very shoddily.

    Org comm. Had no idea about anything; best memo award was shady to say the least; and the finalists had nothing good about & around them. Except for the college names.

    The Acco was shitty. They got our team shifted to another shadier guest house after second day and forgot about us thereafter. The org comm cried helplessness. I wonder Where did all the money go? The moot was associated with great parties otherwise.

    For confirmation, you can talk

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