REPORT ON THE 40 HOURS CERTIFIED COURSE ON MEDIATION

AND CONCILIATION 14TH – 18H OCTOBER 2023

40 Hours Mediation Training Programme was conducted by CMR School

of legal studies. A total number of 6 Mediators from the State
participated in the training programme. The programme started with the
welcome address by Prof.Dr.T.R Subramanya(Dean),
Prof.Dr.V.J.Praneshwaran (Director),Adv. Vidya Selvamony who
welcomed all the participants and especially the Master Trainers from
MCPC. Thereafter, the sessions were handed over to the Master Trainers.

This 40-hour training program is in line with the Mediation Training

Manual of India and the Bar Council of India circular dated August
13,2020. The course seeks to provide the participants with an in-depth
understanding of the mediation process and equip them with the skills
required to pursue a career in mediation. Mediation and conciliation
have been seen to lead to resolutions without undergoing arduous trials,
and moreover, resolutions and solutions are arrived at a relatively
shorter time. The Hon'ble Chief Justice of India is also keen that the art
of mediation be taught to LL.B. students, as it will go a long way in
reducing the backlog and flood of cases. With litigants, students, and
lawyers being more aware and keener on mediation, this will be looked
upon more as an option instead of filing cases right away with the
introduction of Section 89 in the C.P.C., alternative dispute resolution
was sought to be invoked and used more, and courts have often started
referring many matters under this provision. However, what is required
is that students of LL.B. and lawyers are also trained in the art of
mediation and conciliation to understand its true benefits and reap its
true fruits, which will pave the way for a great reform in the Indian legal
system, which will lead to a reduction of burden on courts and quick and
efficacious resolutions being agreed upon by parties in disputes with
varied points of conflict
OBJECTIVES OF THE PROGRAMME
 To have an in-depth understanding of the mediation process equip
the participants with the skills required to pursue a career in
mediation.
 Training in mediation
 To become a trained mediator
 To facilitate the mediation and conciliation process. To be the
trainer of trainers
 Individual personality development, thinking approach, handling
difficult situations, and much more

RESOURCE PERSONS
Advocate Susheela Sarathi, Designated Senior Advocate, High Court of
Karnataka, Senior Mediator from the Supreme Court of India, and
Master Trainer MCPC, New Delhi and BMC.
 Day 1
14/10/2023

Ti Subjects Covered
mings
9-30 am and Inauguration
10.00 am

10-00 am & ● Introduction of Trainers and Trainees

10-50 am ● Why the participants chose to join the course

10-50 am & ● Over view

11.am

11 am and 11- ● Learning

30 am ● Adult Learning
● Training
● Challenges Faced by Adult Learners
● Unlearning

11-30 am and Health break

11 -45 am

11-45 am & ● ADR Mechanisms

12-15 pm ● Relevance of Section 89 of Code of Civil Procedure
● Differences Between Judicial Process and ADR
● Different types of ADR

12-15 pm and Role Play

1 pm Raja Saheb was a rich businessman. He died leaving behind his two sons -
Bada Raj and Chota Raj
Raja Sab died recently six months back.
He had executed a Will dividing all his properties equally between his two
sons. It was specifically mentioned which property should go to whom. Both
sons were very happy about it. However, in the Will it was mentioned that
“the family portrait with 25 family members including father and mother and
grandparents of Raja Saheb should go to his favorite son”.
Both the sons started fighting over the portrait

In this play, the main objective was to solve the conflict in amical way.
Trainers were helping the students to understand the situation and come up
with solution which works for both the party. Groups were formed and
team came up with different ways to solve the conflict.

1 pm and 2 LUNCH BREAK

Pm

2pm & 2-30 ● Dispute and Conflict

pm ● Causes and Sources of Conflict/Disputes
● Management and Resolution of Conflict/Disputes*

2-30pm and Exercise on conflict Management

3pm

3 pm and 3- ● Mediation - Definition and structure

30 pm ● Stages of Mediation
● Greeting - Seating
● Introduction
● Opening Statement
● Joint Session - Private Session - Agreement - No Agreement

As part of this section, students were made aware, what mediation

means, as mediation, how the opening statement should be made,
opening statement first impression the parties get and thus its an
important factor, with good opening statement the parties are taken
during confidence.
Key Points of Opening Statement
1)What is Mediation (Explain in Brief)
2)Role of Mediator- (Neutral)
3)Process details: Explain to parties
(a) How does the joint session take place
 Party 1 tells facts of the dispute
 Mediator makes restatement
 Advocate is requested to speak on legal issues
 Party 2 tells facts of the dispute
 Mediator makes restatement
 Advocates are requested to speak on legal issues
(b) Ground Rules- Brief the party that mobile should be either kept
on silent or switch off. And no usage of any unparliamentary
words.
(c) How does the Private Session take place
 Confidentiality
 Time limit
(d) Agreement
 What if settlement is arrived?
  What if there is no settlement?
4) Advantages
 No appeal
 Refund of court fee
 Connected Cases can be resolved
 time money and energy can be saved.

3-30 pm and HEALTH BREAK

3-45 pm

3-45 pm and Elements of Opening Statements and it’s demonstration by the trainers
4 PM

4pm and Demonstration of opening statement by participants

4.45 pm

4-45 pm and Interaction

5 pm

Day 2
 15/10/2023

Subjects Covered
Timings
9-30 am ● Re-cap of Key Learning Points
to 9-45 am
9-45am ● Importance of Joint and Private Sessions
and 10 - ● Number of Joint and Private Sessions to be conducted
15 am ● Caucus Management

Communication Techniques and Skills

10-15 am i) What is communication?
& 11- am ii) Types of communication
 Verbal and non-verbal
iii) Specific Skills
 Summarizing
 Paraphrasing
 Acknowledging
 Deferring
 Directing
 Re-directing
 Filtering
 Clarification
 Setting the atmosphere
 Setting an agenda
- Active Listening
11- am & Health Break
11-15 am
11-15 am Active listening + simulation exercises
and 12-15
pm
12-15 pm Demonstrative role play
& 1- pm

1-pmpm & LUNCH

2 pm
2 pm & 2- ROLE PLAY
45 pm Kumari and 106 others Vs M/S. Nisarga Pvt Ltd Company
Case of the plaintiffs:
Suit for Mandatory injunction and damages.
Plaintiffs are apartment/flat owners of 107 apartments.
Defendant is a builder. He had agreed to build A to F & G (7 Blocks).
Agreement was entered in the year 2010. Possession was supposed
to be given in 20015. Defendant did not complete the project on
time. Even before the construction was complete, he induced the
plaintiffs to take possession., so that he can sell other apartments.
Defendant had orally agreed to take complete responsibility of
maintenance till the completion of entire project as agreed and till
the occupation certificate is issued. 107 flat owners entered
possession between 2016 and 2017. Defendant maintained for 2
years , and since 3 months he has stopped maintaining.
Plaintiffs are suffering-There are 9 floors- there is only one lift.
Electricity connection is also not taken for domestic use. Electricity
taken for Commercial use, taken temporarily for construction
is illegally supplied at intervals. A pregnant lady had to be carried
down to ground floor from 9th floor. Water is supplied in tanks.
Club house- GYM- Swimming pool etc are not yet provided. 40% of
work is yet to be completed. Occupation certificate is not yet
issued. Hence plaintiffs prayed for a direction to the defendant to
continue to maintain and for damages of Rs. One lakh to each of
the flat owners.
DEFENDANT’S CASE: -
Admitted agreement. Admitted there was delay. Contended that:
Many flat owners did not pay the instalment due as per schedule.
Market was tight. There was ban on sand transport. There was
labor problem. However, buildings were maintained by the
defendant. About four months back some of the apartment owners
fought with the maintenance staff /employees of defendant, on
trivial issue of throwing the construction waste in the vacant area.
Matter was taken to police station. Police dragged the Directors and
employees by Hoysala van. Apartment owners are putting false
statements against the Defendant on face book. They are
preventing other prospective purchasers from purchasing flats.
They are threatening the employees with dire consequences.
Defendant cannot maintain the building anymore. It was only a
concession given by the defendant. Defendant prayed for dismissal
of the suit.
 Task given to students, come up with the kind of questions that as
mediator we must ask, so that we get to the root of the conflict.
Mediator job is not to give technical solution rather work as
bridge between both parties and get them to some logical
conclusion which will work for both.

2-45 pm & ● Questioning Skills

3-30 pm - Open Ended questions
- Close Ended Questions
- Rating Scale Questions
- Prioritizing Questions
- Hypothetical Questions
- Factual Questions
- Bi-polar Questions
- Convergent Questions
- Evaluative Questions

3-30 pm & ● HEALTH BREAK

3-45 pm

4 pm & 4- ROLE PLAY

45 pm
Suit for specific performance
Narayan Vs. Prasad
Plaintiff’s case: Narayan filed suit for specific performance against
Prasad.Narayan, the plaintiff contended that Prasad had agreed to sell 10
acres of his agricultural land to Narayan for 10 lakhs. Prasad/defendant
had received one lakh as advance. Time of three months was fixed for
completion of the contract. The defendant did not come forward to
execute the sale deed. Hence plaintiff/Narayan has filed the suit for
specific performance, two days prior to completion of the time agreed
under the agreement.
Defendant’s case: Defendant/Prasad admitted the agreement. Prasad
contended that time was the essence of contract. After taking one lakh as
advance the defendant had entered into another agreement with a third
party to buy a house in Bangalore by paying advance of 5 lakhs. They had
given him time of three months. Prasad’s idea was to sell the agricultural
land to Narayan and buy a house at Bangalore. Even five days prior to the
last date fixed in the agreement, Prasad approached Narayan and asked
him whether he was ready and willing to pay the balance and get the sale
 deed registered. The plaintiff denied, he said he can pay only two lakhs,
and plaintiff can pay 8 lakhs after two more years. When defendant
refused, he said he would file case before the court by paying court fee of
one lakh, and get a decree from court after two years, by that time he can
make up the balance. Defendant pleaded with the plaintiff that he was
urgently in need of money to buy a flat at Bangalore. Plaintiff did not pay
the balance, on the other hand filed suit. The defendant’s proposed seller
of the house forfeited five lakhs. Defendant contended that the suit filed 2
days prior to the completion of three months is premature. Defendant
made a counter claim demanding damages of Rs. 5 lakhs with interest,
which his proposed vendor had forfeited. Defendant prayed for dismissal
of the suit of the plaintiff with costs.

Students were asked to comeup with questions which will bring close to
conflict resolutions. Ask questions which will bring the real interest of
closure of the case.

4-45 pm & INTERACTION

5 pm

DAY-3 – 16/10/2023

Subjects Covered
Timings
9-30 am and ● Re-cap of Key Learning Points
9-45 am
9-45 am and ● Negotiation
11-30 am ● Styles of Negotiation
- Competitive
- Avoiding
- Compromising
- Accommodating
- Collaborating
- Elements of Principled
Negotiation

11-30 am and ● HEALTH BREAK

11-45 am
11-45 am &  Bargaining
12 .30 pm ● Types of Bargaining
- Position based and Rights based
- Interest Based
- Distributive
- Integrative
Barriers to Negotiation

12:30 pm & 1. ● Role-play on Negotiation

pm
Discussion between two companies, one being a cosmetic company
and other being a drug company for a crop which is grown in
indigenous islanders and this company are looking forward to get
into a contract.

Students were requested to do the following:

 Mediator (Person who plays the role of Mediator- should not
speak)
 Do not give any “No opening statement”.
 Parties will negotiate
 Mediator will observe
 Mediator will note down which negotiation style each party
is adopting
 Mediator will not talk or interfere

1- pm & 2 pm LUNCH BREAK

2 pm & 3 pm ● Role Play- Open house
● by participants-
3 pm & ● Empathy with Neutrality
3-30 pm
3-30 ● HEALTH BREAK
pm & 3-45 pm
3-45 pm and ROLE PLAY
4-45 pm Few students played the role on stage. This helped
 the
4 pm to 4-45 ● Ethics
pm ● Confidentiality
● Voluntariness
● Neutrality
● Impartiality
● Parties Right of Self-determination
● Punctuality
● Competence of the Mediator
4-45 pm & 5 ● INTERACTION
pm

Key Learning from today’s session:

What is Negotiation?
Negotiation is a process in which two or more parties try to reach an
agreement on a common goal or objective. There are many different
styles of negotiation, each with its own strengths and weaknesses. The
best style of negotiation to use will depend on the specific circumstances
of the situation.

Types of Negotiation:

 Competitive Negotiation:

Competitive negotiation is a style of negotiation in which the goal is to win as

much as possible for oneself. Competitive negotiators are typically assertive
and aggressive, and they are not afraid to use pressure tactics to get what they
want. This style of negotiation can be effective in situations where there is a
clear winner and a clear loser, but it can also damage relationships and create
resentment.

 Accommodating Negotiation

Accommodating negotiation is a style of negotiation in which the goal is to

please the other party and avoid conflict. Accommodating negotiators are
typically willing to give in to the other party's demands, even if it means
sacrificing their own interests. This style of negotiation can be effective in
situations where there is a need to maintain a relationship or avoid conflict,
but it can also lead to the negotiator being taken advantage of.

 Compromising Negotiation

Compromising negotiation is a style of negotiation in which the goal is to find

a middle ground that is acceptable to both parties. Compromising negotiators
are typically willing to give up some of what they want in order to get
something in return from the other party. This style of negotiation is often
used in business deals, where both parties have a vested interest in reaching an
agreement.

 Collaborative Negotiation

Collaborative negotiation is a style of negotiation in which the goal is to find a

solution that meets the needs of all parties involved. Collaborative negotiators
are typically interested in building relationships and finding creative solutions
to problems. This style of negotiation can be effective in complex situations
where there are multiple stakeholders with different interests.

 Avoidant Negotiation

Avoidant negotiation is a style of negotiation in which the goal is to avoid

conflict and postpone deciding. Avoidant negotiators are typically
uncomfortable with conflict and may try to avoid negotiations altogether. This
style of negotiation can be effective in situations where there is a need to cool
off before making a decision, but it can also lead to missed opportunities and
resentment.

The best way to choose a negotiation style is to consider the specific

circumstances of the situation. The following factors should be considered
when choosing a negotiation style:

 The relationship between the parties

 The importance of the issue
 The time pressure
 The other party's negotiation style

It is also important to be flexible and to be prepared to change your style of

negotiation as the situation evolves.

Here are some additional tips for negotiating effectively:

 Do your research and know your best alternatives to a negotiated

agreement (BATNA)
 Be clear about your goals and objectives
 Be prepared to compromise
 Be willing to listen to the other party's perspective
 Be able to control your emotions
 Be persistent but not aggressive

Day 4
17-10-2023
Subjects Covered
Timings
9-30 am & 9-45 am ● Re-cap of Key Learning
Points
 9-45 am & 11 am ● IMPASSE – Types
11 am & 11-30 am Tips to break Impasse
11-30 am & 11-45 Health Break
am
11-45 am 12 -15 pm ● BATNA WATNA MLATNA
With
Exercise
12-15 pm & 1 pm ●Ethics
●Confidentiality
●Voluntariness
●Neutrality
●Impartiality
●Parties Right of Self-
determination
● Punctuality
Competence of the Mediator
1 pm & 2 pm ● LUNCH BREAK
2 pm to 3-30pm ● Role-play – Coached by
trainers
Case related to Dr.Bhaig and Suma,
who lost her father due to some
treatment as provided by Dr.Bhaig .
3-30 pm & 3-45 pm ● HEALTH BREAK
3-45 pm & 4-15 pm ● Agreement
● The Do’s and Don’ts of
Agreement
4-15 pm and 5 pm ● Open house role play
Key Notes from Today Session:
An impasse is a situation in which no progress can be made or no
advancement is possible, especially because the people involved cannot agree.
It can also refer to a deadlock or stalemate.

In negotiation, an impasse is a point at which negotiations have reached a

standstill because neither party is willing to compromise. This can happen for
several reasons, such as:
  A lack of trust or rapport between the parties
 A fundamental difference in values or beliefs
 A misunderstanding of the other party's interests
 A lack of creativity or flexibility in thinking
 Unrealistic expectations or demands

When an impasse is reached, it is important for the parties to take a step back
and assess the situation. They should try to identify the root cause of the
impasse and develop strategies for overcoming it. This may involve:

 Opening up communication channels and sharing information

 Brainstorming creative solutions
 Making compromises or concessions
 Seeking mediation or arbitration

If the parties are unable to resolve the impasse on their own, they may need to
seek outside help from a mediator or arbitrator. A mediator is a neutral third
party who helps the parties to communicate and reach a mutually agreeable
solution. An arbitrator is a neutral third party who makes a binding decision
on the issue.

It is important to note that not all impasses can be resolved. There are some
situations in which the parties are simply incompatible and will never be able
to reach an agreement. In these cases, it may be necessary to end the
negotiation or to agree to disagree.

Here are some examples of impasse in negotiation:

 A labor negotiation in which the union is demanding a 10% wage

increase, while the company is only willing to offer 2%
 A divorce negotiation in which the couple cannot agree on how to divide
their assets
 A business negotiation in which two companies are trying to merge, but
they cannot agree on the terms of the merger
In each of these cases, the parties have reached an impasse and are unable to
make progress. They will need to find a way to overcome the impasse in order
to reach a successful agreement.

Here are some tips for overcoming impasse in negotiation:

 Take a break from negotiations and come back with a fresh perspective
 Seek the help of a mediator or arbitrator
 Be willing to compromise
 Focus on the long-term relationship rather than the short-term gain
 BATNA stands for Best Alternative to a Negotiated Agreement. It is the
best outcome that you can achieve outside of negotiation. For example, if
you are negotiating the sale of your house, your BATNA might be to keep
the house and sell it yourself.
 WATNA stands for Worst Alternative to a Negotiated Agreement. It is
the worst outcome that you can accept in negotiation. For example, if
you are negotiating the sale of your house, your WATNA might be to
accept a price that is significantly lower than what you are asking for.
 MLATNA stands for Most Likely Alternative to a Negotiated
Agreement. It is the outcome that you think is most likely to occur if you
do not reach an agreement in negotiation. For example, if you are
negotiating the sale of your house, your MLATNA might be to sell the
house for a price that is slightly lower than your asking price.

Understanding your BATNA, WATNA, and MLATNA can help you to prepare
for negotiation and to make informed decisions.

Exercise:

Imagine that you are negotiating a salary for a new job. You have been offered
a salary of $50,000 per year. Your BATNA is to take a different job that pays
$45,000 per year. Your WATNA is to accept the $50,000 per year salary offer.
Your MLATNA is to negotiate a salary of $55,000 per year.

Day 5
18/10/2023

Timings Subjects Covered

 9-30 am and 9-45 am ● Re-cap of Key Learning
Points
9-45 am & 10- am ● Role of Third Parties

10- am & 10-30 am

● Mediation advocacy

10-30 am & 11 am Silence

Apology
11 am & 11-30 am Challenges faced by
Mediators-
Practical inputs
11- 30 am & 12 Health Break
noon
12 noon & 1- pm ● Demonstrative Role-play as
coached by the Trainer*
● LUNCH BREAK
1- pm & 2 pm
2 pm to 3:30pm ● ROLE PLAY
3-30 pm & 3-45 pm ● HEALTH BREAK
4 pm & 5 pm ● VALEDICTORY

Key notes from today’s session:

A third party in mediation plays a crucial role in facilitating communication

between the disputing parties and helping them reach a mutually agreeable
solution. They act as an impartial mediator, guiding the parties through the
mediation process and promoting a collaborative approach to conflict
resolution.

Key Roles of a Third Party in Mediation:

1. Facilitating Communication: Third parties in mediation establish a safe

and neutral space for the parties to express their concerns, perspectives,
 and needs. They encourage active listening and help parties understand
each other's viewpoints, promoting open and honest communication.
2. Encouraging Negotiation and Compromise: Third parties assist the
parties in identifying their interests and exploring potential solutions.
They guide the parties towards finding common ground and making
compromises to reach a mutually acceptable agreement.
3. Managing Conflict and Emotions: Third parties help manage emotions
and prevent conflict from escalating. They employ conflict resolution
techniques to de-escalate tension, address underlying issues, and
maintain a constructive atmosphere.
4. Promoting Fairness and Equity: Third parties ensure that the mediation
process is fair and equitable, ensuring that both parties have an equal
opportunity to voice their opinions and participate in the decision-
making process.
5. Drafting and Finalizing Agreements: Third parties may assist in drafting
and finalizing the mediation agreement, ensuring that the terms are
clear, concise, and legally enforceable.
6. Providing Ongoing Support: Third parties may offer ongoing support to
the parties after the mediation process is complete. They may provide
guidance on implementing the agreement and addressing any challenges
that arise.

Benefits of Having a Third Party in Mediation:

1. Impartiality and Neutrality: A third party brings an objective perspective

to the mediation process, free from personal biases or conflicts of
interest. This impartiality helps foster trust and encourages the parties to
be more open and cooperative.
2. Mediation Expertise: Third parties possess the skills and knowledge to
effectively manage the mediation process. They have experience in
facilitating communication, conducting negotiations, and resolving
conflicts.
3. Conflict Resolution Techniques: Third parties employ various conflict
resolution techniques to de-escalate tension, identify underlying issues,
and promote compromise. Their expertise helps create a constructive
atmosphere conducive to reaching an agreement.
4. Emotional Management: Third parties can help parties manage their
emotions and avoid conflict from escalating. They can provide emotional
support and help parties develop coping mechanisms to deal with the
stress of conflict.
 5. Confidentiality and Privacy: Third parties maintain confidentiality and
privacy throughout the mediation process. This ensures that the parties
feel safe to express their concerns and perspectives without fear of
repercussions.

Conclusion

Steps in Concluding a Mediation Session:

1. Summarization of Agreements: The mediator recaps the key points of

agreement reached during the mediation process. This ensures mutual
understanding and confirms the parties' commitment to the negotiated
terms.
2. Review of Draft Agreement: If a draft agreement has been prepared, the
mediator reviews it with the parties, addressing any remaining questions
or concerns. This ensures clarity and prevents misunderstandings
regarding the terms of the settlement.
3. Signing of Agreement: Once the parties are satisfied with the terms, they
sign the agreement, formalizing their commitment to the negotiated
settlement. This legally binding document outlines the specific
obligations and responsibilities of each party.
4. Discussion of Implementation Plan: The mediator may facilitate a
discussion on implementing the agreement, addressing any practical
challenges or concerns that may arise during the execution phase. This
helps ensure a smooth transition from mediation to implementation.
5. Closing Remarks and Next Steps: The mediator concludes the session
with closing remarks, acknowledging the parties' efforts and encouraging
them to maintain open communication as they implement the
agreement. This fosters a positive and collaborative atmosphere.

Additional Considerations for Concluding Mediation:

1. Addressing Emotional Concerns: The mediator may address any

lingering emotional issues or concerns that the parties may have. This
helps ensure that the parties feel comfortable and supported as they
move forward.

2. Offering Ongoing Support: The mediator may offer ongoing support to

the parties, providing guidance or resources as needed. This
demonstrates a commitment to the parties' long-term success.

3. Documentation of Process: The mediator ensures that the mediation

process is adequately documented, including records of agreements,
 discussions, and decisions. This provides a clear record for future
reference or potential disputes.

4. Follow-up and Evaluation: The mediator may schedule a follow-up

meeting to assess the progress of the agreement's implementation and
address any challenges that may arise. This helps maintain the parties'
engagement and commitment to the settlement.