Symbiosis Law School, Hyderabad

[Constituent of SYMBIOSIS INTERNATIONAL UNIVERSITY, PUNE]

Re-accredited by NAAC with ‘A’ Grade

Competition Guide Book

2nd September 2017
1. DEFINITIONS

The following terms have the corresponding meanings:

 “ADR” means Alternative Dispute Resolution.

 “BATNA” means Best Alternative to a Negotiated Agreement, and is the most
advantageous alternative course of action a party can take if mediation fails and an
agreement cannot be reached.
 “Caucus” refers to a discussion where each client is interviewed individually by a mediator
for him/her to extract the confidential information from the client and it takes place during
consultation period of a mediation session.
 “Client” means a member of a team who will act as a party to a dispute that is the subject
of mediation.
 “Competition” means the MODESTUS i.e. 1st Internal Mediation Competition, 2017.
 “Confidential Information” means the background factual information of the problem for
the exclusive use of the Clients and the Judges, but not the Mediators.
 “General Information” means the background factual information of the Problem for the
use by each Client, the Judges and the Mediators.
 “Expert Assessor” means a person selected by the Organizing Committee who evaluates
and scores students’ performance during a Mediation Session in accordance with the
Judging Criteria.
 “Judging Criteria” means the criteria set out in the Score Sheet with the judges.
 “Mediator” refers to that member of a team who will engage himself in the mediation.
 “Organizing Committee” means The Centre for Intellectual Property Research and
Advocacy of Symbiosis Law School, Hyderabad.
 “Participant” refers to any person participating in this competition as client or mediator.
 “Problem” refers to the set of facts provided by the Organizing Committee to the
participants for the purpose of the mediation session.
 “Timekeeper” means a person appointed by the Organizing Committee to keep time during
a Mediation Session.
2. PARTICIPATION AND ELIGIBILITY

2.1. Composition and Eligibility of Teams

The Competition will accept applications from students of Symbiosis Law School Hyderabad in a
team of 2 members.

2.2. Mediation Team

Each team is to comprise of a maximum of 2 members. The composition of the team should include
1 mediator and 1 client.

3. APPLICATION AND ADMISSION

3.1. Application Process

Each team is to comprise of 2 students, 1 mediator and 1 client. There is an online application
processes for the selection of teams which will be done on the basis of their negotiation strategies.
The top 32 negotiation strategies will be allowed to participate in the prelims.
Applications can be made online via the google doc form sent by CIPRA along with the
negotiation strategy starting from 19 August, 2017 till 24 August, 2017 by 11.59 p.m. Teams will
be informed about their results by the 28th of August 2017.

3.2. Selection Criteria

The Organizing Committee in consultation with the judges assessing the negotiation strategies will
select the top 32 strategies to advance to the prelims. For the sample and guidelines please refer to
the mail by CIPRA titles “NEGOTIATION STRATEGY AND GUIDELINES”

4. FORMAT OF THE COMPETITION

4.1. Confidential Instructions and Preparation Time

Prelims will be preceded by 30 minutes of preparation time, at the beginning of which the Clients
will receive their Confidential Instructions for either the Requesting or the Responding Party and
prepare their strategy for the following Session.
Quarter- Finals and Finals will be preceded by 15 minutes of preparation time, at the beginning of
which the Clients will receive their Confidential Instructions for either the Requesting or the
Responding Party and prepare their strategy for the following Session
Mediators do not receive Confidential Instructions and thus not have specific preparation time
allocated. Clients and Expert Assessors are strictly prohibited from sharing the Confidential
Instructions with the Mediator before or during the Session. Breach of this rule will lead to
immediate disqualification from the competition.
The Confidential Instructions of all prior Sessions must be ignored for each new Session of the
Competition.

4.2. Preliminary Rounds

There will be 4 sessions in the preliminary round. Each session will have 8 teams competing at a
time. Every team will compete once in the Preliminary Rounds. The Organization Committee will
assign the Teams to their Sessions and decide their role as Requesting or Responding Party.

4.3. Quarter-Finals
The 8 Clients and the 8 Mediators with the highest scores in the Preliminary Rounds will advance
to the quarter-finals. 2 clients and 2 mediators with the highest score in each room will enter the
quarters. 4 rooms and 2 participants from each rooms makes it 8 in all. For the quarter-finals the
Organizing committee will assign the teams to their Sessions and decide their role as Requesting
or Responding Party.

4.4. Finals
The two winning Client with the highest scores in the quarter-finals will advance to the finals. The
two, highest scored Mediator’s in the quarter-finals will advance to the finals of the Competition.
The Organizing Committee will assign the role as Requesting or Responding party to the Client
Teams.

5. THE COMPETITION SESSIONS

5.1. Language

The language of the Competition is English.

5.2. Competition Session Participants

A Session will consist of representatives from four different Teams. Two Clients each
representing the Requesting Party and the Responding Party, two Mediator’s will mediate the
Session. One Expert Assessors will score the Teams.

5.3. Duration

There will be 30 minutes of preparation time before each Preliminary Session and 15 minutes of
preparation time before Quarter Finals and Finals.
Each Session will then run for a maximum of 70 minutes
 Opening Statement - 08 minutes
 Caucus - 10 Minutes (05 minutes per Client) (only 1 private caucus is allowed per Client)
 Joint Session – 32 Minutes
 For the Scores - 10 minutes
 For the feedback - 10 minutes

5.4. Caucus

Mediator and the Client have the opportunity to call for one Caucus during each Mediation
Session. Each Caucus may last a maximum of five minutes per client. For the duration of the
Caucus the competing Client, not part of the Caucus must leave the room. All other people must
stay in the room. The Mediators are responsible to adhere to the time limit of the Caucus. The
Mediator and Client Teams will be scored by the Expert Assessor on the appropriateness of each
Team to call for a Caucus. Marks will be deducted for exceeding the time limit of the caucus and
the extended time will be deducted from the time allotted for the Joint Sessions.

5.5. Timekeeping

The participants of the Session need to keep time on their own. The Mediator is responsible to
adhere to the time limit during the Caucus. The volunteer allotted to every room will give an
indication 10 minutes prior to the end of the round. Delay by a Client or the Mediator will reflect
on their, his or her score.

5.6. Outside Materials and Technology

Teams may bring to the Session for their own use the materials supplied by the Competition and
their personal notes.
No electronic equipment such as phones, tablets and laptops may be used during the Session by
any acting member of any Team. Students are encouraged watches or other dedicated timing
devices. Phones or other electronic equipment are not allowed to use during the Sessions for time-
keeping, calculating, etc.

5.7. No Assistance during the Session

No Team member may be assisted by his/her team member or other Team members during the
Session (including the Caucus). Any attempt of communication, verbal or non-verbal, between the
acting participants and Team member or with other Team members or with the audience can be
made subject to an immediate reduction of scoring points by up to 20 points as determined by each
Expert Assessor. Expert Assessors may confer on their recommended reduction of points. In
repeated or severe cases of reduction of scoring points indicated by the Expert Assessors in the
Score Sheet and/or recommendation of the Expert Assessors, the Organizing Committee in
consultation with the expert assessors may disqualify the whole Team from the Competition.
Reduction of scoring points and recommendation of disqualification by the Expert Assessors must
be made in writing on the Score Sheet before the scores have been handed over to the Competition
Secretariat. Any point reduction(s) and / or disqualification of the Team are final and not subject
to appeal.

5.8 Observing

The purpose of the Competition is to develop mediation and negotiation skills. Participants are
permitted and encouraged to do this by observing performances of other Teams after the
Preliminary Rounds.

 Members of the same Team are allowed to observe any Session of their Team if and as long as
they sit behind their competing Team members with strictly no eye contact.
 In the Preliminary Rounds Team members are not permitted to watch other Teams.
 After the Preliminary Rounds all participants may observe any other Session that does not
interfere with their own schedule.
 Expert Assessors may observe any Session of the Competition during all rounds.
 Any person, who is not a Team member, will be allowed to attend the rounds including the
Sessions unless specifically prevented by the Organizing Committee or the Expert Assessors.
 The Final Round of the Competition is open to observe for the public.
 All observers, including Team members, are strictly required to not disrupt the Session by
whispering or moving around and will be asked to leave the room in case of non- compliance.

5.9. Photography and Filming

Participants agree to the use of photography and videotaping and the discretionary use of all such
material by the Organizers of the Competition. Filming of the Sessions by anyone else is
prohibited and subject to explicit permission by the Organizing Committee or the Expert
Assessors.

6. THE PROBLEM & APPLICABLE RULES

6.1. The Problem

The Problem will be sent in by CIPRA to the participants. There will be 1 problem for the
Preliminary Round and 1 Problem for the Quarters and Finals. Each session in Round 1 will have
a different set of confidential information and so will the Quarter-Finals and the Finals.
Additional information (in form of Confidential Instructions will be distributed to the Requesting
Party and the Responding Party 30 minutes prior to each Preliminary Session and 15 minutes prior
to Quarter Finals and Finals).
Teams may make statements that are reasonably based on the facts in the Problem and the
Confidential Information that they have received but may not introduce any different or new facts.
The Organization Committee reserves the right to make any changes to the problems if it
considers necessary in order to meet the objectives and comply with the spirit of the Competition.

6.2. Requests for Clarification

Requests for clarification may be directed to cipra@slsh.edu.in.

Requests for clarification should be limited to matters that have significance in the context of the
Problem. Each clarification requested must be accompanied by a short explanation of the expected
significance of the clarification. A request for clarification may only concern doubts as to
interpretation of information given in the Problem and cannot aim at adding new facts to the
Problem.
Requests will be answered at the discretion of the Organizing Committee. Requests that do not
comply with the Rules, in particular requests without a sufficient explanation of their significance
may remain unanswered. All answers to requests for clarification will be distributed to all selected
Teams by email.

7. SCORING AND AWARDS

7.1. Expert Assessors

The Organization Committee in consultation with the University Authorities will select
professional and experienced mediators for the purpose of judging the rounds.
The Organizing Committee will assign Sessions to Expert Assessors which they will attend to
score the performance of the Client and Mediator Teams at the Competition.
The Organizing Committee will make all efforts to assign one Expert Assessors to every session.
For the finals, Four Expert Assessors will be assigned in the room to score the two Mediators and
the two Clients.
The Competition Secretariat will nominate a chair for every panel of Expert Assessors. The chair
shall be responsible for the confidential instructions, keeping the time, managing the Session and
returning the Score Sheets to the Competition Secretariat.

7.2. Scoring Criteria

Mediator and Clients Teams are scored by the Expert Assessors after each Session based on their
respective Score Sheets for Mediator and Client.

7.3. Scoring and Feedback

The Expert Assessors shall provide feedback to the Mediator and to the Client at the end of each
Session in accordance with the feedback and scoring guidelines provided by the Competition. The
scores of the Score Sheets and the winning Team shall not be announced to the competitors. The
Score Sheets shall be submitted to the Organizing Committee.
7.4. Ranking of Teams

Preliminary Rounds

In the Preliminary Rounds the 8 Clients & 8 Mediators with the highest scores will be ranked to
proceed to the quarter-finals. The top 2 clients and mediators from each room will qualify to the
quarter-Finals.

Higher Rounds

In the Quarter Finals, 8 Clients and 8 Mediators will compete for the spot in the finals. 2
Mediators and 2 Clients will advance to the finals on the basis of their scores. In case of a tie, the
Expert Assessors will have a discussion and announce the winners for the finals. The decision of
the Expert Assessors will be final and not subject to any appeal.

7.5 Prizes

 Best Client

 Runners Up Client

 Best Mediator

 Runners Up Mediator

 Best Team

 Runners Up Team

7.6 Certificates
One certificate of achievement will be issued for each participant winning a prize. Certificates of
participation will be issued for all participating students. The Organizing Committee cannot issue
additional certificates.
8 VIOLATION OF THE RULES

Unless specified in the Rules otherwise, any violation of the Rules, regardless of the substance
thereof and regardless of whether initiated by a participant or by any other person, will be
sanctioned by the Organizing Committee either by deducting scoring points or, in case of serious
breaches, by disqualification of the Team and/or removal of the person from the Competition.
Violations include, inter alia, attempts to give assistance, use of prohibited devices, unruly
conduct, use of expletives and unprofessional or disrespectful behavior. Serious breaches leading
to possible disqualification include, inter alia, giving or receiving assistance during a session,
creation of facts or repeated or severe violations of any of the above rules.

The disqualification of individuals and entire Teams can be initiated ex officio at any stage of the
Competition by the Organizing Committee or can be made by the Organizing Committee based on
the recommendation of the Expert Assessors to the Organizing Committee.

Expert Assessors may also be subject to disqualification and/or removal from the Competition,
including future Competitions for any violation of the Rules.

All decisions following any violation of the Rules are final and not subject to appeal.
 Requesting Party Responding Party
Negotiation Team Scoring Sheet
☺ ☺
1 2 3 4 5 1 2 3 4 5

Information and Communication (25 pts. max.)

Clear understanding & narration of facts of the case

Effective information gathering

Appropriate and strategic disclosure of information

Efficient use of listening skills and body language

Appropriate tone and language

Collaboration and creating options (25 pts. max.)

Allowing scope for flexibility and creativity

Actively collaborating without compromising on interests

Generating mutually satisfying solutions

Building relationship and trust

Efforts to advancing the process towards resolution

The home stretch (25 pts. max.)

Using objective criteria in prioritizing interests

Reflecting interests in outcome

Weighing up options if Negotiation fails

Dealing with impasse

Effective Use of Caucus

Minus Time Penalty for Break (deduct up to 5 points):

TOTAL
Mediator Scoring Sheet Mediator

1 2 3 4 5
Qualities of a good mediator (25 pts. max.)
Evidence of effective preparation
Creating an atmosphere of trust in joint and private sessions
Ability to work with parties position and interests
Use of open and neutral body language and behaviour
Appropriateness of having or not having a caucus
Effective communication skills (25 pts. max.)
Delivering an effective opening statement1
Identifying and acknowledging interests, views and feelings
Employing neutral language consistently
Summarizing, reframing and confirming when needed
Putting off fires at the table
Effective problem solving support (25 pts. max.)
Asking timely and appropriate close ended / open ended questions
Assisting the parties to separate interests from positions
Reality check with parties
Encouraging creative options without being judgmental
Reality-checking
Mediation Session Process (25 pts. max.)
Maintaining decorum and holding control of the mediation process
Monitoring progress and demonstrating flexibility in adjusting process to the
circumstances and needs
Ability to extract confidential information from parties with aim to take the
negotiation forward
Supporting mediation process by summarizing facts, identifying key information,
interests, opportunities and impediments
Taking active steps to prevent the mediation stalling and to encourage progress
towards resolution

Minus Time Penalty for Caucus (deduct up to 5 points):

TOTAL
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