Tag: negotitation

Mediation and Negotiation Competition: Lloyd Law College

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About Organiser:

Lloyd Law College is a premier educational institution offering legal education since year 2003 in affiliation with CCS University, Meerut, U.P. (state university established in 1965), and approved by the Bar Council of India (Statutory body for professional legal education in India). The College greatly benefits from the mentorship and patronage of Padma Bhushan Late Prof. (Dr.) N.R. Madhava Menon, “The living legend of Law” and the flag bearer of legal education reforms in India. Prof. Menon was a visionary of legal education who was also the designer and architect of the five-year integrated B.A.LL.B. Programme in India and the Founder of the premier legal institutions of the country including the National Law School of India University, Bangalore and the National University of Juridical Sciences, Kolkata. Prof. Menon’s relentless efforts in revamping and modernising the legal education of the country has successfully brought Indian legal education at par with the legal institutions in the developed country.

About The Competition

Lloyd Law College is highly overwhelmed to announce the Third Edition of S.K. MISRA MEMORIAL
INTERNATIONAL MEDIATION AND NEGOTIATION COMPETITION 2022 powered by Trust Legal Advocates
& Consultants. The Second Edition of this Competition set a benchmark by registering the highest number of
Registrations among the world. With the Provisional Registrations reaching up to 450, LLC broke all the
records. Lloyd is back again with the spirit of creating another history in terms of spreading the knowledge
of Mediation and Negotiation among the maximum number of Law Students. The Objective of this
Competition is to promote the use of Alternative Dispute Resolution among the budding lawyers with a
mindset equipped to effectively resolve the dispute

Language:

The Official Language of this Competition will be English.

Eligibility & Participation

  1. This Competition is open for all the law students across the world. However there is a limit of 4 teams per university
  2. Each Participant must be a current Undergraduate Student of their respective institution. In exceptional circumstances, the Organising Committee may grant eligibility to institutions with Degree programs in International Relations, provided that adequate instructions in International Law will be available to all members of the team.

Stages of the Competitions

This Competition will comprise of total 6 rounds:

  1. Green (Preliminary) Rounds (2) (Annexure-A)
  2. Octa-Final Round (1)
  3. Quarter Final Round (1)
  4. Semi Final (1)
  5. Final Round (1)

How to register?

Any Interested team across the world can register for this Competition according to the procedure laid
down here under:

  • The Team shall complete the Provisional Registration on or before 22nd January 2022 through the given link of Google Form: https://forms.gle/fNZkWUaVxt7XF4A39
  • Upon receiving the confirmation of the vacant slot from the Organising Committee, the Teams must confirm their Final Registration on or before 29th January 2022.
  • Registration Fees for an Indian Team is Rs. 5000/- and for any International Team is USD 70.
  • Kindly Note that once the payment is made, it is non-refundable in any circumstances.

Team Composition

  • Each Participating team shall comprise of 3 members:
    • One Neutral Mediator
    • One Client
    • One Counsel
  • Four Teams per University are allowed to participate.
  • There will be Separate Problems for different rounds with different Confidential Information in each round.

Team Identification and Anonymity Rule

  • After Registration, each Participating team will be provided with a Team Code which will serve as their Unique Identification Number (UIN). All Communications must be made in reference to this UIN.
  • None of the Teams are supposed to reveal their Institution Name or any other details to other teams or the judges. All communication must be made in regard to the UIN.

For more details refer to the pdf below:

Lloyd-Law-College-Mediation-and-Negotiation-CompetitionDownload

Contact Details

Mail at: skmmimnc@lloydlawcollege.edu.in

Call at: Ms. Daisy Pallawi – (+91) 9523981666

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Emergence & Future of Online Dispute Resolution in India Post Covid-19

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INTRODUCTION

In April 2020, the world was amid a pandemic, and conditions were unlikely to return to normal very soon. Covid-19’s proliferation at that point was being contained by lockdowns and social distancing, therefore courts had to be shut down. “In India, the administration of justice has a history of being slow, and the coronavirus exacerbated the problem.” Though Supreme Court permitted cases to be filed and heard online, the judiciary was still overworked and hearings being now completely being online, substantially hindered a large number of cases. This continues to be the case even now.
“Hence, to relieve the pressure on the courts, an innovative and effective solution is needed, and “online dispute resolution or ODR”, maybe the answer.”

WHAT IS ODR?

ODR (Online Dispute Resolution) is a technique that combines technology and “alternative dispute resolution” (ADR) mechanisms to resolve conflicts outside of the courtroom. “It refers to online conflicts that were started in cyberspace but resolved with a source outside of it, i.e., offline. Many businesses, particularly those with a high volume of low-value cases, can benefit from ODR since it is a speedier, more transparent, and more accessible way to handle disputes online. Given the increase in the number of online transactions in India and since the internet is also becoming accessible day by day, there is no better time to recognize ODR as an efficient tool for resolving disputes and thereby construct a rapid and fair dispute resolution system.”
ODR as a technique was also praised by Justice Chandrachud during one of the conferences, he said, “I firmly believe in the role ODR can play in today’s digitally transformed world. This is not just because of the process being conducted virtually, but also because of its firm willingness to adopt all forms of digital solutions available. In my opinion, one of the most important learnings from the past year of virtual hearings has been that the process can often be far more efficient because of very simple changes–the use of digital files by all parties, the ability to make digital notes, and having all documents in one place.”

BENEFITS OF ODR

  • Solving and having all the hearings of all disputes online, aids in the generation of a large amount of data, that data can prove to be useful for other cases being solved in virtual formats.
  • ODR also makes the entire process of justice more affordable and accessible to the masses.
  • Parties also perceive ODR to be comparatively more amiable and solution-oriented in comparison to traditional courts.

PRESENT STATUS OF ODR IN INDIA

There have even been various instances in which the courts of India have expressed the need for the ODR. Justice Ramana had stated that “ODR can be used to successfully resolve consumer, family, business and commercial disputes.113 He noted the need to cut down on paper, which has been a part of the system for a very long time. The process has started by relying on e-filing of digital paper books instead of hard copies.” “In light of the COVID-19 pandemic, even the Ex-Chief Justice of India, Justice Bobde has noted the need for steps to be taken to make courts virtual to prevent the shutdown of the top courts.”

CASE LAWS RELATED TO ODR IN INDIA

The Supreme Court of India has played a very important and crucial role in laying down the foundation stone of ODR in India. “It has upheld the validity of video-conferencing as a mode for taking evidence and testimony of witnesses in State of Maharashtra v Praful Desai[1] and went on to call ‘virtual reality the actual reality.” “A similar trend was followed in Grid Corporation of Orissa Ltd. v AES Corporation[2] where the court held that if consultation could be achieved through electronic media and remote conferencing, people didn’t need to sit with each other in the same physical space.” “In M/S Meters and Instruments Pvt. Ltd. vs. Kanchan Mehta[3] it observed that there was a need to consider categories of cases which can be partly or entirely concluded online without the physical presence of the parties and recommended the resolution of simple cases like those concerning traffic challans and cheque bouncing.”

FUTURE OF ODR IN INDIA

“Investing in ODR and using more advanced second-generation technology can assist India is moving toward a more futuristic justice system.” India possesses the necessary components for implementing a “comprehensive framework for technology” in conflict resolution processes, “including institutional willingness, competence, and, to a considerable extent, technological capability. Moving forward, a modular plan for increased innovation and transformation must be implemented in a way that addresses both immediate and long-term needs.”

CRITICAL ANALYSIS

There is no denying the benefits that Online Dispute Settlement has brought to the Indian system, including the benefit of “quick and painless justice” but the disadvantages of using technical features in dispute resolution cannot be overlooked. The key motivation for the concept is the “perpetual dread of information disclosure and the lack of resources” to engage and reap the benefits of such disclosure. Because the entire process is conducted online, it necessitates the uploading of documents, data, and other personal information to the appropriate platforms. It surely exposes the “information to the hands of criminals who can hack into the networks and obtain the same data. It has also been repeatedly underlined that additional private sector experience should be used in the setting to overcome the existing difficulties, particularly those linked to safeguards.”[4]

CONCLUSION

Finally, it can be claimed that while the expansion of Online Dispute Resolution has relieved the judiciary of the burden of cases, the efficiency of the rulings has not been up to par due to a lack of sufficient infrastructure and technology. “Only individuals who were technologically literate and had access to appropriate gadgets were eligible for the reward. People became aware of things that can be done digitally and even the notion that conflicts may be addressed through online media just due of Covid-19.”

ENDNOTES

  1. State of Maharashtra v Praful Desai (2003) 4 SCC 601
  2. Grid Corporation of Orissa Ltd. v AES Corporation (2002) 7 SCC 736
  3. M/s Meters and Instrument Private Limited v Kanchan Mehta 2017(4) RCR (Criminal) 476, ODR in India: https://www.mondaq.com/india/arbitration-dispute-resolution/935022/online-dispute-resolution-odr-a-positive-contrivance-to-justice-post-covid-19, The future of dispute resolution in India: https://vidhilegalpolicy.in/wp-content/uploads/2020/07/200727_The-future-of-dispute-resolution-in-India_Final-Version.pdf
  4. Online Dispute Resolution –”https://blog.ipleaders.in/online-dispute-resolution-a-success-or-failure-in-india/#Analysis

This article is written by Dalima Pushkarna student at Dr Ram Manohar Lohiya National Law University, Lucknow

Recent trends in International dispute settlement

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This article has been written by Nimisha Mishra, a second-year student of NALSAR University of Law. In this article, the author has explained the various ways through which international disputes can be settled keeping in mind the advancing society. Keeping the rising disputes among states in mind the number of dispute resolution tribunals are also increasing. 

INTRODUCTION

With the advancing society, there are agreements between the states and sometimes there are disagreements. Mostly the direct cause of war is a dispute between the states and it should be settled in the interest of security and peace. Some of the international states are mingling in disputes. With the growing demands in the state, there are growing disputes, not only between state and state but also between state and international organizations. 

Most international disputes aggravate because of the fact that both the parties to the dispute are unwilling to agree on a point. This unwillingness of the parties disturbs the peace of the people belonging to the concerned state. 

Role of International Court of Justice

International Court of Justice plays an important role in settling disputes because of its prestige and jurisdiction and also because it is a principle judicial organ of the United Nations. 

United Nations plays an important role in settling disputes among states and organisations. Article 2(3) of the UN charter has codified that all the Member States of the UN have to settle their disputes in a manner which does not endanger peace, security and justice of any state. However, the UN charter does not define the way in which the disputes should be settled therefore the countries are free to decide in whichever way they want to settle their dispute. But still, they are refraining from aggravating the dispute. Dispute settlement charter plays an important role in determining the existence of international law obligation. 

Various factors such as globalisation have a reallocated and redistributed the sovereign and economic power at the institutional level which is continuously emerging in developing countries. Sometimes this distribution of power creates false belief in the pretence of sovereignty, which creates hindrance in the proper enforcement of international dispute settlement. This creates primacy of sovereignty of the state over international law. To tackle such problems there are research guidelines available at International (Commercial) Arbitration, Permanent Court of Arbitration and the International Court of Justice. In recent time there is a trend of greater use of international dispute settlement because of the increased diversity and options of alternative dispute settlement. Although this leads to competition among the various alternative disputes settlement mechanism but it ensures that major issues such as global climate challenge is addressed at the international level.  

The main purpose of the international dispute settlement is to maintain security and peace at the international level. For the implementation of the desired peace, the methods and procedures are already available in the International Law. There are various alternatives available to settle disputes. These include mediation, arbitration, conciliation, negotiation, judicial settlement and enquiry. 

There are two types of International Dispute settlement mechanism based on their binding force, they are:

  1. Diplomat Method of International Dispute Settlement
  2. Adjudicative Method of International Dispute Settlement. 

Diplomatic method of international dispute settlement

Diplomatic method of international dispute settlement includes negotiation, mediation and enquiry. This method generally does not have binding force on the parties to dispute. The suggestions provided by these are merely recommendations and it is up to the parties whether they want to follow it or not. 

Negotiation 

Negotiation is one of the simplest forms of settling disputes. Under negotiation concerned parties are required to put forward their point and understand the opinions of the opposition party. By following the procedure generally, parties are able to reconcile the difference. It also considered as a very satisfactory method to resolve depute since this method is voluntarily adopted by both the parties. However, it sometimes happens that both parties do not reach a consensus. It is then parties seek other diplomatic methods to settle the dispute. 

Enquiry

In this method of dispute settlement, the facts of the dispute are jotted down through an impartial finding. The facts of the dispute are arranged in such a way as to come up with a solution which is peaceful. The result of the enquiry is not binding on the parties but in most of the cases, they do accept them. 

In some cases, parties by themselves could not come to solution so in such cases it becomes essential that they should get assistance from the third party. There are various dispute resolving mechanisms where the party could get assistance from the third party, mediation is one of them. The third member who is assisting to resolve the dispute is a completely disinterested party. This third party could be a state, commission or an organization. 

Mediation

In mediation, a neutral third party provide his assistance to the parties in dispute. Generally, the consent of the disputants is not required but without their consent, the mediation process could not be commenced.  The mediator has an active role to play in the settlement. His engagement is not only limited till making negotiation possible, but he is also expected to provide a concrete solution in order to settle the dispute. Although his suggested solution is only a recommendation for the parties, it does not have a binding force. Parties are not under the obligation to follow the suggestion. 

Adjudicative Method of International Dispute Settlement

Adjudicative Method of International Dispute Settlement has a binding force on the parties. The suggestions provided by these are not merely recommendations; they oblige parties to obey the suggestions. Because of its binding force, it is considered as a very effective and equitable way to settle the dispute. It is more flexible as compared to judicial settlement in terms of letting the parties decide the arbiters, and designate the seat of the tribunal. Generally, the proceedings of the arbitration are kept confidential. 

Judicial Settlement

Judicial separation is also one of the forms of dispute settlement and it is more authoritative in terms of binding force. In this form of dispute settlement, an established court, for instance, the International Court of Justice, make a decision. The decision pronounced by the court is absolutely binding on the parties concerned. It is not merely a recommendation but an obligatory command which must be performed by the parties in good faith. It is a very rigid form to settle dispute since they are resolved by applying the rules of International Law. 

CONCLUSION

With the developing states, the dispute arising are also of varying nature which cannot be settled by one or two dispute settling mechanism. Therefore there are emerging new ways to settle disputes in a peaceful manner. The above mentioned International Dispute Settlement mechanisms are just a few methods to show how disputes can be resolved. There are plenty of other peaceful ways through which disputes can be resolved non-violently. Efficient implementation of these methods can help creating peace all over the world.

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