10th ICC International Commercial Mediation Competition 2015

10th ICC International Commercial Mediation Competition 2015

Team Name: National Law Institute University

10th ICC International commercial mediation competition 2015

Mediation Plan On Behalf Of DeskZone Inc

Strong Points The wording of the mail circulated does not specifically impute the illegality of Arcadia Offices SARL (Arcadia)s tax practices, but merely alludes to the questionable ethics of a profit-shifting company. It is a factual statement that Arcadia does not pay taxes in Montrovia, and thus the defence of justification can be applied against the defamation allegations. Most (but not all) companies indulge in similar practices (legal, but whose morality is a matter of public debate). The exception clause in no way highlights Arcadias actions as falling within the same. The defence of justification is applicable against the defamation allegations because it is a factual statement that Arcadia does not pay taxes in Montrovia, and the morality of the same is a public domain debate. Furthermore, most (but not all) companies indulge in similar practices, in a legal fashion. The phenomenon of profit-shifting is an issue of immense public debate, with specific focus on the morality and legality of the issue; hence the statement can be seen to have been issued in public interest. Given that the statements in the circulated mail are an honest appraisal of Arcadias tax records, the defense of truth may also be successfully argued. The actual damages that Montrovian courts would award Arcadia should they win the case are significantly lesser than those demanded by them against DeskZone Inc (DeskZone).Weak Points Considering that Arcadia and DeskZone are primary competitors in the concerned market, the statements can easily be construed to be malicious. While payment of the projected damages is not impossible, it would place immense obstacles in the path towards DeskZones expansion to foreign markets. Any damage to DeskZones reputation would be problematic due to the less well-established market presence, and may also adversely affect the awarding of important government tenders. DeskZone is willing to issue a clarification regarding the statement, which should ease out the situation, for the statement if made a tad bit clearer would clearly have no defamatory content.Interests And Needs Avoiding litigation is crucial given DeskZones intent to expand into other markets, and the costs of litigation would preferably be avoided. At the same time, a level playing field for both parties must be created vis--vis the government contract. Further, we believe that this event playing out publicly and degenerating into the sort of situation in which both parties suffer a loss of goodwill is to be avoided at all costs. DeskZone cannot compromise their image of being a strong company for the sake of an expedited solution that may not be beneficial in the long-term. Retaining customers and client confidentiality is a priority, and thus DeskZone would be reluctant to reveal their details to anybody but a mutually agreed upon third party.Best Alternative to Negotiated Agreement (BATNA)In case the parties fail to reach a suitable agreement at the mediation session, the best alternative for DeskZone would be to prove its lack of liability in a court of law by making use of the very same defences and proving that imputation of anything but the natural meaning of the words in the statement is illogical, especially considering the fact that the issue is one of legitimate public debate.Goals and Objectives Given the sensitive nature of the issue involved, which impacts the credibility of both parties, DeskZone is keen to avoid litigation and to avoid a cash settlement unless absolutely necessary, within the range of 50,000- 75,000. DeskZone is willing to ensure that an appropriate statement of retraction is made, clearly stating their intention simply as purveyors of an opinion that does not in any way intend to malign Arcadia. DeskZone is looking for ways in which the situation may be resolved amicably, either through appointment of a mutually agreed upon third party to investigate the events leading up to publication of the document, or by payment of damages within the 50,000-75,000 range, or an appropriate statement of clarification regarding the same.

Team Biographies (National Law Institute University, Bhopal)Chetan + Kanungo + Indian Chetan Kanungo is a registered Advocate practicing at the Gwalior Bench of the Jabalpur High Court in Madhya Pradesh, India. . As an advocate, he has worked on business negotiations involving software licensing as well as having mediated matrimonial disputes. He has participated at the International Negotiation Competition 2009 held at Chicago & The Negotiation Challenge 2010 held at Leipzig.

Nikhil+ Srivastava +IndianNikhil Srivastava is an Indian Male born on November 2, 1992 pursuing the B.A., LL.B (Hons.) degree at the National Law Institute Univeristy, Bhopal. He was part of the team that won the Best Negotiation Plan at the NLU Delhi-Herbert Smith Freehills International Negotiation Competition 2014 held at Delhi, India and has also participated in debates and other mediation competitions.

Aakash + Narang + Indian Aakash Narang is an Indian male, born on December 11, 1992. He is a final year student pursuing B.A., LLB (Hons) degree at the National Law Institute University, Bhopal. He has represented the University at The Negotiation Challenge 2014 held at Reykjavik, Iceland and also represented the University at the Sir Lawrence Street Negotiation Competition, 2013, held at Perth, Australia.

Rajeswari + Mukherjee + Indian Rajeswari Mukherjee is an Indian female, born on February 7, 1995. She is currently pursuing a B.A., LL.B. (Hons.) degree at the National Law Institute University, Bhopal. She was a part of the winning team at the INADR Mediation Competition, 2014, held in Des Moines, Iowa. She has also participated in debates, Model UN Conferences and moot courts.

Sanjana + Aravamudhan + IndianSanjana Aravamudhan is an Indian female born on the 26th of June, 1995 and is a student pursuing a B.A LLB (Hons.) course at the National Law Institute University, Bhopal. She is a part of the winning team at the INADR tournament at Drake University in Des Moines in addition to participating in many debates both nationally and internationally.

Mediation Plan On Behalf Of DeskZone Inc

Mediation Plan On Behalf Of DeskZone Inc