2023 ADR PROBLEM BASED QUESTIONS FOR PRACTICE PURPOSES

Course Name Course Code

Arbitration, Conciliation & Alternate Dispute 2BL722

Resolution System (Clinical Course)

ADR PRACTICAL QUESTIONS

ARBITRATION PROBLEMS:

1]

“X” is the home decor company who has a contract with company “Y” who
manufactures the wooden furniture. Before entering into the transactions, a
contract was made with that reference which included the terms with respect to
the quality and durability of the products supplied based on which the appropriate
branding was also done. “X” has been getting many complaints with respect to the
products delivered and with that losses have been occurred. With that complaint
they approached arbitration tribunal. Tribunal awarded damages as terms of the
contract were violated. The award was challenged on the ground of
unreasonableness of the cost that was given and also that the basis of that award
was unfair practice which was challenged on the grounds that the tribunal did not
have jurisdiction. Discuss the viability raised against the award along with the
relevant provisions of Arbitration and Conciliation Act with that respect.

2]

“A” and “B” had an arbitration agreement in which it was written that the
appointment of the arbitrator had to be done with agreement by both the
parties. Due to issues in the working, they had to approach the arbitration
process as per agreement. With the conflict “A” became skeptical about the
working due to which he sends a letter of appointment of arbitrator to Ms.
M appointing her as a sole arbitrator to resolve their disputes. He also
 2023 ADR PROBLEM BASED QUESTIONS FOR PRACTICE PURPOSES

sends a letter to “B” giving the details for the appointment of the arbitrator.
On which “B” has raised questions for the appointment of the arbitrator.
Discuss the validity of the appointment of Ms. M and also remedies
available for the same under Arbitration and Conciliation Act.
 2023 ADR PROBLEM BASED QUESTIONS FOR PRACTICE PURPOSES

MEDIATION PROBLEMS:

1]
The marriage of Mukesh Sharma was solemnized with Ana Sharma on
20.05.2012 at Bombay in accordance with Hindu Rites and Customs. They
lived in a joint family and from the said wedlock a Son Suyash Sharma was
born on 09.06.2014. Ana works in a production house in Bombay as part of
their HR team, with a monthly salary of about INR 1,00,000. Mukesh works
as a creative director in a media company with a monthly salary of about
INR 3,00,000. Their son Suyash studies in in a private school in Bombay. Ms
Ana had filed complaint against Mr. Mukesh u/s 352, 355, 358, IPC accusing
Mr. Mukesh of assaulting her and using criminal force against her. She
even filed complaint against family under 498A as they pressured her to
leave her job and take care of her baby and the family.
In January 2021, Mukesh filed a suit for a decree of divorce in the Court of
the Principal Judge, Family Court, as it was alleged by the husband that the
wife was forcing him to live separately from his parents and pressured him
to buy a separate house. She also accused the husband of having an extra-
marital affair and he took this Mental Cruelty as a ground for divorce.
During the pendency of the aforesaid divorce suit, the parties were given an
advice by the court to go for the out-side court settlement methods.
Questions:
A. What is the best suitable method that can be adopted in the present
scenario and why?
B. What are the steps that must be taken while opting for the ADR
method? Explain the steps and process in detail with respect to the
present case.
C. Taking into consideration that settlement has arrived by the parties,
how shall they finalize the further course of action?
D. Through the light on the positive aspects if out-side court settlement
method as suggested by you shall be proven to be helpful in the
present case even in future.

2]
Susan and Gerry have been separated for two years. Until recently, they
have worked well on co-parenting their daughter, Rachel. Rachel, age 15,
lives with Susan during school terms and with Gerry one weekend a month.
She is also with Gerry half of school holidays and for six weeks during the
summer. At Susan’s house, Rachel completes school assignments, helps
 2023 ADR PROBLEM BASED QUESTIONS FOR PRACTICE PURPOSES

with chores, and respects her curfew. At Gerry’s house, Rachel has few
chores, is allowed to stay out later than at Susan’s, and spends time with
her friends away from home. Their co-parenting is being threatened by
constant disagreements about parenting styles and values. Susan believes
that ground rules and limits will keep Rachel from getting into serious
trouble or having her school work suffer. Gerry believes that Rachel is
responsible enough to make good choices and sees no evidence that his
approach has put Rachel at risk. Rachel is an excellent student, is on the
soccer team, and seems to be a capable and responsible young woman.
To resolve the gap in parenting and to avoid further discrepancies, they
approach you as a mediation. Kindly elaborate on facets, process, relevant
solutions for this through mediation.

3]
Prachie and Javvad had married in the year 2016. Their marriage being
inter-cast was opposed on the larger scale in the society. They had a
daughter in the year 2019 but just after the birth Javvad wanted to
separate. He filed a petition in the family court for divorce. The court after
analyzing the situation had suggested to opt for family counselling at the
initial stage before parties make any final decision. Prachie did not want to
be separated but at the same time she also did not want to impose herself
and her daughter on Javvad if he wants a divorce. Mention the best suitable
option for them to opt for counselling and as an ADR. Also, mention the
issues which needs to be identified during the counselling sessions and
procedure of ADR. Justify why you have chosen that particular ADR for this
situation in detail throwing light on advantage and disadvantage of the
same.
 2023 ADR PROBLEM BASED QUESTIONS FOR PRACTICE PURPOSES

MEDIATION AGREEMENT DRAFTING EXERCISE:

1. Mediating Water Quality Standards in Oklahoma

The dispute
In early 2006, Oklahoma State, United States, Quapo Tribe and the
American Environment The Protection Agency (EPA) Region sought to
address a cooperative agreement Water quality issues in Oklahoma with the
help of the US Institute of Environment Mr J. Michael Harty of Conflict
Resolution and Harty Conflict Counseling and Mediation. The parties then
assisted in the process of negotiations and mediations with mutuality.
The process
Mr Harty assessed the Safe Accountable, Flexible and Efficient
Transportation Equity Act of 2005 (SAFTEA).

The result

In 2007 and 2008, with the help of Mr Harty, the parties developed a
number of factors. Negotiations are likely to be affected, and a process by
which EPA will effectively coordinate Formation of Cooperative Agreement.
Mr Harty determined that due to the tribe and Commitment of state
leaders, knowledge of the subject area, and resolve to reach, Parties can
effectively manage their lower-level mutual trust to align their core Interest
in a cooperative agreement.

2. Washington Navy Yard Stormwater Permit Mediation

The dispute
There was a national pollutant Discharge elimination system of stormwater
for Washington DC. The USA Navy Yard was then issued by the
Environmental Protection Agency. As the two parties, the US Navy did not
agree with the applied process of permit. A 4-year long dispute arose then.

The process
The US the institute for environmental conflict resolution which tried to
manage to have the parties agree on a formal status of the mediation
process to settle the dispute between the two parties. The settlement of the
mediation only took 5 months to finalize the process and come to an end.

The result
 2023 ADR PROBLEM BASED QUESTIONS FOR PRACTICE PURPOSES

The mediation process ended a 4-year-old dispute which was there between
both the parties. After the dispute, an agreement on the environmental
protective permit was agreed and signed upon both the parties and that was
on both sides’ interest.
 2023 ADR PROBLEM BASED QUESTIONS FOR PRACTICE PURPOSES

NEGOTIATION PROBLEM:

A partner in your law firm has come to you for advice involving her
representation of a 32-year old professional basketball player injured in a
serious automobile accident where he tore his Achilles heel. There is a good
chance that he will never be able to play professional basketball again, and
his rehabilitation will take many months. At the time of this accident, the
player was making INR 5,000,000.00 a year and would be a free agent at
the end of the season where he might be able to command INR
10,000,000.00 a year. Although the player was a passenger at the time of
the accident, he had given the driver some marijuana, and they were both
smoking it at the time of the accident. Fortunately, no arrests were made,
and the player thinks no one knew about the marijuana. The player is
looking for INR 500,000 for medical expenses, INR 100,000,000 in lost
future earnings, and INR 20,000,000 for pain and suffering. The partner
tells you that the liability is reasonably certain since the player was a
passenger, but there is a question about damages because the player had
an earlier Achilles heel injury in college that had been repaired. There is
also the question of contributory negligence since the player had supplied
the marijuana to the driver.

Although there has been some discovery, the defendant has not yet learned
of the marijuana use, but the partner thinks it is only a matter of time that
the defendant will discover this.

Although the trial is not scheduled to start for at least six months, the
partner fears that the defendant is on the verge of discovering the
marijuana use and that his will substantially diminish the recovery. The
partner tells you that the defendant’s lawyer called today and proposed
submitting the case to some form of alternative dispute resolution. The
partner tells you that she does not know much about ADR. She asks you do
 2023 ADR PROBLEM BASED QUESTIONS FOR PRACTICE PURPOSES

some research and prepare and fax a memorandum to her that will help her
decide how to respond to the defense lawyer. Specifically, she asks you to
deal with the following questions:
1. What method of ADR would you suggest best suiting the present
scenario?
2. What advice would you give to the client i.e. player who has come to
you?
3. What is the course of action plan that you shall be adapting for further
communication to be made with the other party? Explain the action
plan in detail with steps.
4. Given all the details about the side of the player, prepare a step-by-
step planning or action that you will be taking as an expert in this
case.
 2023 ADR PROBLEM BASED QUESTIONS FOR PRACTICE PURPOSES

ENE [EARLY NEUTRAL EVALUATION]

A. Mr. Zen has an idea which he wants to execute as a startup. He being
the citizen of India wanted to establish the startup under some
government schemes.
But, Zen being unaware about the steps, is not able to successfully
execute the idea. As a friend, John decided to help him in his capacity
as an advocate. Zen had shown his intensions to complete the
procedure and all the requirements beforehand so that the idea could
be successfully executed.
1. What is the best option that John can provide Zen for the same? Is
there any tool in law for guiding Zen for successful execution?
2. Write a brief about the suggestion enlisted that can be provided by
John to Zen. Prepare a brief about the other ADR mechanism and
also write a short note on the same.

*NOTE: ALONG WITH THESE, CASE LAW DISCUSSION IN THE CLASS OF

LANDMARK CASES SHALL BE DONE AS PER REQUIREMENT OF THE
TOPIC IN CLASS.