MEDIATION PROBLEM A

OPPORTUNITIES WON’T KNOCK YOUR DOOR TWICE

Bharatha is a democratic country in the Asian subcontinent, which is in the global spotlight for
its diplomacy in attracting foreign direct investment from corporations of superpower
economies.

Bharatha is also a densely populated country with rich natural resources. But employment
issues have loomed the country since 2008. No government since then has addressed this issue
effectively.

Jalajeevana Co. (popularly known as the ‘JJC’) is a company registered as per the laws in force
in Bharatha and has its registered office at Bendakaluru in the State of Karunadu. It is one of
the top domestic corporations in the health care, pharmaceutical and cosmetic sector.

JJC’s one of the pharmaceutical factories - ‘Sanjeevini’, is situated on the banks of River
Hemavahini in the district of Cauverooru. Since 2014, the production unit has tripled its usual
operations. Thereby, the increased discharge of effluents to the river has drawn attention of
environmental conservatives and activists across the state of Karunadu.

In August 2017, ‘Parisara’, an environmental think-tank based in the town of Malnadu,

published a detailed ‘Report’ with an empirical study on the effects of industrial operations on
the river banks for the period of 2014-17. The Report revealed a shocking state of affairs of
Sanjeevini factory.

The local inhabitants under the leadership of one Mr. Chikanna (an MSc Graduate in
Agriculture from the Karunadu State University), protested against the operation of Sanjeevini
factory as their agricultural activities around the river banks had come to a grinding halt due to
polluted Hemavahini. Despite several requests, the management of Sanjeevini factory did not
pay heed to the cry of the local inhabitants.

Mr. Chikanna in association with Parisara filed a Public Interest Litigation against the Director;
management of Sanjeevini factory and the State Government of Karunadu, praying for an
immediate suspension of its activities in their interim relief application before the High Court
of Karunadu on 13 March 2020. The matter is yet to be listed for Admission before the High
Court of Karunadu.

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Owing to the increased spread of COVID-19 pandemic and lockdown measures imposed in the
state of Karunadu, only limited operation of the High Court of Karunadu was permitted in
emergency matters and cases.

Mr. Chikanna, in the meanwhile on 25 July 2020 emailed Ms. Daya Devi (the CEO of JJC),
explaining the difficulties faced by the local inhabitants and the poor response received by
Sanjeevini factory authorities.

Though Ms. Daya Devi did not reply to Mr. Chikanna’s email, Mr. Chikanna was surprised to
read an email from Mr. Avakashan, the Director of Sanjeevini factory on 5 August 2020. The
email invited Mr. Chikanna, as a representative of local inhabitants for a 1-1 negotiation within
5 days from the receipt of the email.

Mr. Chikanna being skeptical about the motive of management of Sanjeevini factory for such
a negotiation request, proposed for a mediation in the presence of their legal representatives
and suggested the name of Ms. Madhyama to be the mediator of the dispute.

Mr. Avakashan replied with confirmation to have their dispute settled by mediation through
facilitation by Ms. Madhyama as proposed by Mr. Chikanna. Mr. Avakashan also insisted the
mediation session to be held virtually through Google Meet platform, on 20th September 2020.
Mr. Chikanna confirmed Mr. Avakashan’s proposal on the date and mode of mediation.

Ms. Madhyama consented to be the mediator of the dispute between Sanjeevini factory
(represented by its Director - Mr. Avakashan) and the local inhabitants of Cauverooru
(represented by its leader - Mr. Chikanna).

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