The ICC Paris Experience - Harsh Joshi, Student - V.M.Salgaocar College of Law
Mediation and Negotiation as forms of Alternate
Dispute Resolution are indeed the best alternatives to Litigations in Court. It
not only gives you the space, comfort and control to resolve the disputes but
also allows you to learn the best lessons from the conflicts before you.
My experience at ICC International Commercial
Mediation Competition 2018, Paris, has been one of the most wonderful learning
experiences. I learnt from my teammates, I learnt from the mediators, I learnt
from the other teams and of course the judge’s feedbacks.
I Thank the Principal Dr. M.R.K Prasad Sir, Prof.
Patil Sir, Prof. Sandhya Ma’am and the ADR Board for giving me this
opportunity. It was amazing to be a part
of the team with Elton, Adrian and Shannon. I did not know them before we
started preparing for the competition and I’m glad that it took no time to be
comfortable and make friends with them.
Each stage of this competition has been very
memorable to me. Having just started with studying law and understanding,
learning the skills of negotiation and mediation, it was really interesting
when I first read the ICC problems. These problems were long and needed to be
read carefully over and over again.
Discussing the issues and coming up with options and
strategies kept getting better each time we read the problem.
Something that I learnt from this reading of the
problems is that it is possible to discover something mentioned within the
problem that puts you in a good advantage and in one particular experience we
had was that the other team had probably missed out on this one missing
information and had not even asked for a clarification regarding the same.
Hence when our team asked the question on the missing information, the other
team wasn’t really prepared for it.
Another of my observations through out the
competition rounds was that the opening statement made a huge impact on the
impressions with the judges. Strong, well drafted and well delivered opening
statements is very essential and has a lasting impression with the judges. I
felt even where the teams somewhere went down in the course of the mediation
session, if they started off well, score wise they kind of made up for it.
What I also understood was that sometimes it is
important to not be very stubborn about the options that you have generated or
come to the table thinking about. Accepting an offer generated by the other
party can be a wonderful thing to do. If it appears to be a good option keeping
in mind the facts of the problem then maybe it is a good idea to consider it or
show your interest in considering it.
In the end I would like to say that every round,
every judge is different and in all possibilities what they expect can be
different too. To be dynamic, engaging, pleasant and confident can be a good
way to be prepared for any situation.
Talking about Paris, it is indeed a beautiful city.
We were lucky to enjoy the cold and witness some heavy snowfall. Though I guess
my teammates weren’t as excited about the cold as I was. Since we focused a lot
on the competition we did not go sight seeing in the competition days. Towards
the end we did enjoy a bit of shopping and going around Paris.
Sharing a few pictures from this beautiful trip!
Thank you for your articles that you have shared with us. Hopefully you can give the article a good benefit to us.
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