Mediation Strategy Paper Sample

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CODE ‘M-111’

NATIONAL UNIVERSITY OF JURIDICAL SCIENCES


UNIVERSITY INTERNALS – MEDIATION ROUNDS

IN

THE INTERNATIONAL CHAMBERS OF COMMERCE

PARIS

FRANCE

NEGOTIATIONS BETWEEN

BEN AND JERRY’S AIRLINES

AND

AAKHARI PASTA

STRATEGY PAPER on behalf of THE MEDIATOR


BRIEF FACTS:

Ben and Jerry’s French Airlines cancelled a flight due to mechanical issues. Four crew
members from the cancelled flight had to attend an unstaffed flight to another location and
thus had to be rebooked to another Ben and Jerry’s flight due to which four passengers were
to be disembarked from this flight. When no one volunteered to disembark the flight
themselves, the airline picked four passengers including Mr Aakhari Pasta. Aakhari Pasta
who was not willing to get off the flight protested and was forcefully dragged off the plane.
Co passengers witnessed this incident and claim that they saw blood on his face as he was
unconscious and being dragged out. The Airlines was criticised. The CEO of the Airlines Mr
Gucci Armani denied liability stating that the act was not performed by the airline staff.
Aakhari Pasta labelled the Airlines as ‘racist’ publicly on a TV show.

BEN AND JERRY AIRLINES’ INTEREST:

The major interest of Ben and Jerry’s airlines include clarifying the fact that those who threw
Mr Aakhari Pasta off the plane weren’t the airline staff. Also the airlines would want Mr
Aakhari Pasta to take his comment made on a TV show back. This way the major interest of
the airlines is to safeguard their reputation.

AAKHARI PASTA’S INTEREST:

Aakhari Pasta’s interests include compensation for the physical, emotional damage as well as
the mental agony caused to him through this incident. He is also interested in having an
official investigation in the matter. The acceptance of this incident being more than just a
mere ‘re accommodation’ of passengers on part of the airlines is another one of his interest.
POSSIBLE AREAS OF CONFLICT:

There exists a possibility of conflict between the two parties on the issue of compensation
which Mr Aakhari Pasta might claim and the Airlines might deny on the basis that the people
who dragged him out of the plane belonged to the airport security and not the airlines staff.
Also Mr Pasta might not want to take his statement given in a TV show which might affect
the airlines grearly.

STRATEGIES AS A MEDIATOR:

I would try to figure out how the parties feel about the whole situation and bring them at ease.
The common ground of the parties seems to be reputation as well as compensation. I would
facilitate the conversations between the parties and try to get maximum clarity through facts.
I would try to reach to a solution and if at all there is a situation of impasse I would suggest
we meet again at a later date.

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