X 2TG-RMLNLU

International Mediation
Competition 2024

Equity Policy

Organised by
 TABLE OF CONTENTS

1. PREAMBLE ............................................................................................................................................. 3

1.1. Object of the Policy ............................................................................................................................. 3

2. SCOPE ...................................................................................................................................................... 3

2.1. Application of the Policy ..................................................................................................................... 3

3. PROHIBITION OF DISCRIMINATORY CONDUCT.......................................................................... 3

3.1. Definition of Prohibited Behavior ........................................................................................................ 4

3.2. Protected Attributes .............................................................................................................................. 5

4. UNDERMINING THE EQUITY POLICY ............................................................................................. 6

5. GOOD CONDUCT .................................................................................................................................. 6

6. GENDER NEUTRAL LANGUAGE & GENDER PRONOUN POLICY ............................................ 7

7. COMPLAINT PROCEDURE AND HANDLING ................................................................................. 7

7.1 Raising an Equity Complaint ............................................................................................................... 7

7.1.1 Informal Complaint ............................................................................................................................... 7

7.1.2 Formal Complaint ................................................................................................................................. 7

7.2. Complaint Handling Procedure .............................................................................................................. 8

7.2.1 Informal Complaint Process .................................................................................................................. 8

7.2.2 Formal Complaint Process .................................................................................................................... 8

7.3 Resolution Mechanisms and Penalties.................................................................................................... 8

7.3.1 Mediated Resolutions .......................................................................................................................... 8

7.3.2 Disciplinary Actions ............................................................................................................................. 9

7.4 Internal Process of Equity Committee ..................................................................................................... 9

8. REASONABLE ACCOMMODATIONS FOR PARTICIPANTS WITH SPECIALNEEDS ................ 10

9. ANNEXURES ....................................................................................................................................... 11

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 1. PREAMBLE

1.1. Object of the Policy

X 2TG-RMLNLU International Mediation Competition, 2024 (hereinafter referred to as

‘competition’) is committed to providing a competition free from discrimination, harassment,
bullying and vilification, which fosters equity, inclusion and respect for social and cultural diversity.
This policy explains prohibited conduct and outlines the procedure for raising complaints
regarding breach of equity.

The Equity Policy is made in furtherance of Rule 24 of the X 2TG-RMLNLU International

Mediation Competition Rules and Guidelines.

2. SCOPE

2.1. Application of the Policy

This policy applies to all individuals in the Organizing Committee (hereinafter referred to as ‘OC’)
as well as those participating in the competition. It includes but is not limited to:

• Assessors.
• Mediators.
• Negotiators.
• Observers.
• Members of the OC.
• Volunteers of the Competition.

Participation in the competition, or attending the Competition in any capacity mentioned in Rule
3.1, implies that the concerned person has read the Equity Policy, and has agreed to be bound by
all Rules of the Equity Policy.

This policy applies for the entire duration of the competition, i.e. 8th March – 10th March, 2024.

This policy applies to conduct through electronic means, including social media. All agree, by being
part of the OC, helping in, or attending the Competition to be bound by the terms of this policy.

3. PROHIBITION OF DISCRIMINATORY CONDUCT

The following section identifies and defines below the actions that are explicitly prohibited. Any such
act/behavior can be complained against following the procedure set out in this policy, and can incur
penalties listed under the same. However, the scope of prohibited behavior is not limited to those listed,
and the ultimate discretion in adjudicating such behavior lies with the Equity Committee.

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3.1. Definition of Prohibited Behavior

Any behavior that attempts to exclude someone from meaningful participation in a round or the
competition as a whole is not appreciated at the competition. This includes, but is not limited to:

a. Bullying: Bullying is repeated, unreasonable behavior by an individual or group,

directed towards another individual or group, either physical or psychological in nature, that
intimidates, offends, degrades, humiliates, undermines and/or threatens the concerned
individual/group. This includes pressuring another individual or group to do something that
they are uncomfortable with.

b. Direct Discrimination: Direct discrimination is treating another individual or group less

favorably on the basis of a protected attribute than someone without that attribute in the
same circumstances or circumstances not materially different. Protected attributes include, but
are not limited to; age, appearance, disability, ethnicity, gender, nationality, personal
background, religion, sexuality and social status.

c. Indirect Discrimination: Indirect discrimination is imposing or proposing to impose, a

requirement, condition or practice that has or is likely to have the effect of disadvantaging an
individual or group with a particular protected attribute, that is not reasonable in the
circumstances.

d. Harassment: Harassment is any offensive, abusive, belittling or threatening behavior that

humiliates, offends or intimidates an individual or group on the basis of any part of their
identity.
• Sexual harassment: forms a category under this, and has a specific meaning which
includes any one or more of the following unwelcome and/or non-consensual acts or
behavior (direct or indirect) namely:

➢ a demand or request for sexual favors; or

➢ making sexually coloured remarks; or
➢ any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

The following circumstances, among other circumstances, if they occur or are present in
relation to or are connected with any act or behavior may amount to sexual harassment:

• implied or explicit promise of preferential treatment in their mediation session; or

• implied or explicit threat of detrimental treatment in their mediation session; or
• conduct which interferes with participation in the Competition or creates an intimidating
or offensive environment.

e. Offensive Language: The use of words is context-specific, and all participants are advised
to exercise extreme caution while using them. Therefore, it is important to avoid language that
may threaten someone’s identity. This includes but is not limited to – gender, sexual
orientation, disability, religion, race, nationality, ethnicity, educational background, age,
appearance and class.

Overly graphic language is prohibited, and caution should be practiced while addressing
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 sensitive topics. This policy recognizes that certain derogatory words may have been reclaimed
by members of that community (such as f*g, the n* slur, etc.). This does not make the usage of
these words by members of other communities appropriate. In order to ensure sensitivity,
usage of such reclaimed terms during the competition is prohibited, as communities are not
cohesive in their usage of such language, and this can be perceived as offensive and
derogatory.

f. Intimidation and Assault: Hostile behavior towards any individual or group, such as
yelling, harassing, threatening, or acting in a verbally aggressive manner, especially in order to
make them do what one wants.

g. Victimization: Victimization means to cause detriment to a person because that person has
made a complaint or taken part in complaints proceedings.

3.2. Protected Attributes

This Policy acknowledges that, in society at large, certain groups of people are particularly marginalized,
stigmatized and/or oppressed. It recognizes that the harm that accrues due to bullying, harassment or
discrimination against these individuals is compounded by those social pressures and previous instances of
bullying/harassment based on those attributes (henceforth labelled Protected Attributes).

Different treatment of individuals on the basis of differences in one or more of the protected
attributes listed below would amount to a violation-

• Age or age group

• Mediation and Negotiation ability or institutional affiliation
• Disability (including but not limited to past, present and future disabilities, a genetic
predisposition to a disability and behavior that is a manifestation of a disability)
• Gender identity (the gender-related identity, appearance, mannerisms or other gender
related characteristics of a person, including but not limited to how people express or
present their gender, recognizing that a person’s gender identity may be an identity other
than male or female)
• Infectious disease (for example, HIV status)
• Language status or proficiency
• Marital or relationship status
• Political affiliation or beliefs
• Race, color, descent, national or ethnic origin, or ethno-religious background
• Religious affiliation, belief, views or practice
• Sex or Intersex status
• Sexual orientation
• Sexual practices or experience (for example, previous partner(s) or lack thereof, experience
of sexual assault or harassment)
• Socio-economic status and background (including caste, indigenous culture and/or
identity)
• Any other attribute where discrimination:
➢ Causes or perpetuates systemic disadvantage; or
➢ Undermines human dignity; or

2024 RMLNLU International Mediation Competition 5

 ➢ Adversely affects the equal enjoyment of a person’s rights and freedoms in
a serious manner that is comparable to discrimination on a protected
attribute listed above.
This list is non-exhaustive, and the final decision with regard to the consideration of a ground shall
lay with the Equity Team.

This treatment could include but is not limited to any of the prohibited conducts aforementioned
in this Equity Policy. This policy prohibits any participant or group of participants from bullying
another participant or group of participants. The use of offensive language that perpetuates
stereotypes, casual or insensitive use of potentially triggering language (particularly including the
language relating to violence or sexual assault) is also expressly prohibited.

4. UNDERMINING THE EQUITY POLICY

Attempts to undermine and/or belittle the equity policy, or parts of it, shall also constitute an
equity violation. Furthermore, any attempt to abuse the process of equity, including the
victimization of individuals who submit equity complaints and attempts to use equity as a
mechanism to bully or harass other members of the society are prohibited and considered serious
violations of this policy.

No individual (other than the submitting party) outside of the Equity Committee will be allowed
to retain a copy of any material or evidence relating to claims brought to the attention of the
Committee to prevent abuse of the equity process.

5. GOOD CONDUCT
The competition, like all competitive activities, requires certain standards of behavior to be followed to
ensure fair, equitable and respectful competition.

All individuals are expected to follow the rules of competition. Their violation may give rise to a
breach of equity. In addition, the following section specifies behavior that is expected of
attendees. We urge individuals, where they are unsure about the influence of their actions on
others, to follow these guidelines to limit the harms that may arise from their actions.

Attendees are required to treat each other with respect. This includes, but is not limited to,
➢ Respecting the rules of the competition laid down by OC.
➢ Refraining from disrupting, defaming or distracting other participants, coaches,
assessors and OC members.
➢ Accepting the decision of the assessors and refraining from insulting or providing
non-constructive commentary during the competition.
➢ Showcasing sensitivity and consideration while interacting with others, which
includes using appropriate language while discussing sensitive issues, especially
since aggressive rhetoric may be traumatic for other participants.
➢ Following the guidelines to refrain from any prohibited conduct as mentioned in
this policy.

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 6. GENDER NEUTRAL LANGUAGE & GENDER PRONOUN POLICY
The competition recognizes that individuals have diverse gender identities that must be respected.
Transgender, nonbinary and gender-queer individuals often have an incorrect gender identity assigned to
them, and this invalidation and erasure of their identity can be profoundly hurtful and oppressive. For this
reason, pronoun introductions (described below) are conducted before each session, to ensure that
individuals are referred to using the correct pronouns. This process can be helpful in making these
individuals feel welcome and respected. It is therefore important that this process be treated with the utmost
respect and that individuals be careful to correctly use individuals’ gender pronouns.

Attendees should also recognize that language has evolved in a gendered manner, and is not fully inclusive
of gender identities other than male or female. In this case, it is more inclusive to make an effort to not use
“he” as a default pronoun, and to instead use “they”.

Before the rounds of begin, any participant who wishes to be identified with a specific pronoun
should feel free to tell their preferred pronouns to all the participants/ observers present in the
room.

If an individual does not wish to identify a pronoun, they are not required to do so and pronouns
used in general course of speaking, if used by another individual in such a case, would not count
as violation of this policy.

It is expected that when an individual has given their pronouns, that those pronouns are respected
and that the person is referred to with either those pronouns or gender-neutral language.

7. COMPLAINT PROCEDURE AND HANDLING

7.1 Raising an Equity Complaint

If a participant feels that there has been a breach of this policy, then they may raise the matter with
a member of the Equity Committee. All complaints raised are treated as confidential, and due
regard will be given to the complainant’s wishes as to whether or not a complaint is investigated
further. Complaints may be made informally or formally.

* Refer to Annexure 1 for Contact Points of the members of Equity Committee.

7.1.1 Informal Complaint

An informal complaint is one that raises concerns but does not require formal responses such as
conciliation or disciplinary action. In case of an informal complaint, general measures will be taken
by the Equity Committee, Furthermore, an Equity Committee member can provide advice about
further recourse that complainants can have in the Equity Process that includes converting an
informal complaint to a formal complaint.

7.1.2 Formal Complaint

A formal complaint is where the complainant would want a formal response such as
conciliation or disciplinary action.
Formal complaints must be made in writing. Where the complainant is unable to do so, they may
authorize another person (including an Equity Committee member) to make it on their behalf
in writing.
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 In the event where participants wish to file an immediate complaint to the Equity Team in
person, the writing and formal submission of the complaint may be delayed due to time
constraint between rounds and/or trauma faced by the individual, or the Equity Committee
may record the complaint in writing and require the Complainant to sign/ digitally accept the same.
The Equity Team will begin investigations during this process. However, conciliation or
disciplinary action will only take place after a written complaint has been formally submitted for
reasons of accountability.

7.2. Complaint Handling Procedure

7.2.1 Informal Complaint Process

In case of an informal complaint, the resolutions that can be claimed the complainant:
1. Receiving support from an Equity Officer from the committee. An Equity Officer can
provide advice about further recourse that complainants can have in the Equity Process.
2. A general announcement at the internals about the complaint, such as an announcement
reminding individuals that gender pronouns must be respected during the rounds.
3. The Equity Team may take additional measures, including a member from the Equity
Committee contacting a specific individual about an infringement to remind them of the
Equity Policy.

7.2.2 Formal Complaint Process

If the complainant progresses with a formal complaint or converts the informal complaint to a
formal complaint, the Equity Committee shall:

1. Conduct a hearing (recorded in camera) with the complainant to obtain full details of the
incident.
2. Conduct a hearing (recorded in camera) with the offending participant to hear their side of
the story.
3. Conduct a hearing (recorded in camera) with any other participants as required by the
circumstances.

Following this investigation, the Equity Committee will determine whether a breach of this policy
has occurred. Any person/s authorized by the Equity Committee shall undertake investigations, if
required.

At any point during this process prior to resolution, a complainant may withdraw their complaint.
At such a point, due regard to the wishes of the Complainant will be given in deciding to cease any
investigation or in treating the initial complaint is treated as null and void.

7.3 Resolution Mechanisms and Penalties

If, following the investigation of the Equity Committee, a breach of this policy is found to have
occurred (bullying, indirect discrimination) the Equity Committee may do any/all of the following,
based on the wishes of the complainant:

7.3.1 Mediated Resolutions

• Explain the complaint to the offending participant and have a discussion with them about
2024 RMLNLU International Mediation Competition 8
 why their remark or action was inappropriate.
• Request that the offending participant provide a signed apology in writing detailing their
actions and guilt.

7.3.2 Disciplinary Actions

In serious cases the Equity Committee may take formal disciplinary action. Such action may
include:

• Expulsion from the competition.

• A letter communicating their misconduct to their place of education, employment or
residence.
• Where the conduct amounts to a specific offence under the Indian Penal Code (Act 45 of
1860) or under any other law; the Equity Committee shall immediately inform the
aggrieved person of their right to initiate action in accordance with law with the appropriate
authority, and to give advice and guidance regarding the same.
• Recommend that the victim take the help of a mental health professional to deal with the
trauma.
• Any other action as may be necessary in the interest of fairness and justice.

It must be noted that this classification is subject to the context, facts and circumstances of each
individual case, and the degree of penalty will depend on that as well.

Where formal disciplinary action is taken, the offending party and the complainant will be provided
with written notification.

7.4 Internal Process of Equity Committee

The following best practices will be implemented by the Equity Committee with respect to its
internal proceedings:

• The Equity Committee shall be required to complete the inquiry as soon as possible.
• It will keep detailed reports of all statements, evidence, decisions etc.
• The records may be provided to the police/outside counsel in case the victim pursues such
action.
• Only the Equity Committee or any person authorized by the Equity Committee can
investigate. No one else must conduct any personal investigation/bother the victim/
harasser for details or try any ‘informal settlement’. Doing so makes such persons an
‘abettor’ and/or ‘accessory after the fact’ and they will be proceeded against appropriately.
• Action will be taken once a thorough investigation has been carried out. This also requires
that both parties are separately heard, and that all relevant witness statements and evidence
such as texts/photos are recorded.
• The Equity Committee can terminate the inquiry proceedings or give an ex-parte decision,
if the complainant or the respondent fails, without enough cause, to present themselves
for hearings.
• All decisions of the Equity Committee must be ratified either by unanimity within its
members, failing which a majority of the members will suffice. All such determinations and
decisions shall be maintained in writing. In case of a majority decision, the opinion of the
2024 RMLNLU International Mediation Competition 9
 dissenting members shall also be recorded in writing.

8. REASONABLE ACCOMMODATIONS FOR PARTICIPANTS WITH SPECIAL

NEEDS

The competition is committed to facilitating the full participation of all contestants to the best
extent possible. If a participant has special requirements owing to special needs or an ailment,
such as the need for the presence of a device during the rounds, they are required to notify the
organizing committee at rmlnlu.mediation@gmail.com at least 7 days before the competition.
Upon the receipt of such a request, the Equity Committee will consider the same and on their
discretion will issue a certificate to the concerned participants to present to the Judge before
the round begins.

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 9. ANNEXURES

Annexure 1- Point of Contact for Equity Complaints

NAME CONTACT NUMBER E-MAIL ID

Mr. Abhyuday Jaiswal (+91) 9205500737 abhyuday.jaiswal2000@gmail.com

Ms. Shatakshi Arya (+91) 7898201458 shatakshi99arya@gmail.com

Ms. Shagun Pathak (+91) 9125850095 Shagunpathak0512@gmail.com

Ms. Sana Soneja (+91) 8968544702 sanasoneja@gmail.com