DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW

MEDIATION AND NEGOTIATION COMPETITION, 2018

Negotiation Plan in the matter between

Yatching Asssociation of Bakasia

AND

Bakasian Yatching Players Association

For
The Yatching Coach

On behalf of Yatching Association of Bakasia

STRONG POINTS

 Lack of Amicable discussions - Captain Kiki Bore, in the interest of yatching in Bakasia,
should have entered into a dialogue with Yatching Association of Bakasia (“YAB”)
before making a public statement about the grievances of the team.
 Experience and knowledge of the terrains of Gina - The appointment of Alex Barry was
made keeping in mind his reputation as an experienced ‘journeyman’. His experience put
together with his understanding of the hostile terrains of Gina made him the best suitable
candidate to coach the team. (REMOVED)
 Prejudicial nature of Mr. Keki Bore - The representative of Bakasian Yatching Players
Association (“BYPA”), Mr. Kiki Bore, had always been deeply prejudicial to the YAB
officials and the working of the organization since the offset and had, in the past, shown
an uncompromising and unflinching resolve to raise critical opinions about the Board.
(Critical instead of prejudicial)
 Lack of Discipline amongst the former members of armed forces - Yatching being a
game predominantly represented by the Armed Forces reflects discipline. Members of the
armed forces, irrespective of the field in which they represent the country, do not have
the same right of freedom of speech and expression as ordinary citizens. Mr. Keki Bore, a
member of the armed forces, lacked the certain set of disciplines which were an essential
attribute of a member of the armed forces. (Removed)
 Ultimately the decision making power lies with YAB

WEAK POINTS

 Lack of representation of the players in the decision making process: The resolution
was passed by a Core Committee which didn’t have any representation from BYPA. Any
decision making process which adversely affects another organization should be passed
after having adequate representation of the other party as well.
 Indefinite Suspension: The disciplinary action taken against the players was
disproportionate. The drastic step taken by YAB to indefinitely suspend the team was a
step too far.
 Violation of the Principles of Natural Justice or Fairness Doctrine: The disqualified
players were not given a chance to defend the charges against them or represent their case
before the Committee. Therefore, the principle of audi alteram partem stands vitiated.
(the point is changed to that the players had lack of opportunity to defend themselves)
 Rule Against bias – Mr. Keki Bore had always been critical about the working of YAB
and its officials. Hence, Mr.Sam Bara should have recused himself from the decision
making process as this was a clear cut case of conflict of interest. (REMOVED)
 They didn’t choose nick Samuel who has international credentials.
 You have suspended the already trained and credit worthy players.
NEEDS AND INTERESTS

 Representation of Bakasia in the Asian Games: The YAB, in the interest of yatching
and the country, wants to ensure participation of the country in the Asian Games, by
ending the deadlock.
 Creation of a grievance redressal mechanism: In the interest of the sport, it is necessary
that the grievances of the players be resolved internally. This will ensure that players do
not take recourse of sensationalizing the events in the public and media in the first step
itself.
 Cooperation and Co-ordination with the Bakasian Yatching Players Association: To
ensure utmost co-ordination and faith between the BYPA and the YAB, at regular
intervals.

BEST ALTERNATIVE TO A NEGOTIATION AGREEMENT (BATNA)

 Arbitration Agreement: To enter an arbitration agreement with the Players Association to

bring a quick and decisive end to the dispute.
 Approach Bakasia Olympic Association
 Approach Sports Ministry
 Petition the Highest Court of Bakasia

GOALS & OBJECTIVES

 Best players’ representation in Zimpenlau Asian Games - To resolve the dispute quickly
so as to ensure adequate training and participation of the best players of Bakasia in the
Asian Games.
 Reinstatement of the players - The reinstatement of players is necessary as they are
amongst the best players of Bakasia and in in the interest of the sport, they should not be
disqualified.
 Written Apology - Since the reputation of YAB has been severely tampered with, a due
written apology from Mr.Kiki Bore and the other players who have been disqualified
should be submitted to the YAB.