Report on 40 hours training on commercial mediation and negotiation
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1 Chennai November 24 to 29, 2016 Bengaluru December 1 to 6, 2016 Page 1 of 11
2 Within infinite myths lies an eternal truth, Who sees it all? Varuna has but a thousand eyes, Indra has a hundred, You and I, only two. Devdutt Pattanaik The best situation is not to win 100 battles, is to win the enemy without fighting Sun Tzu (The Art of War) You cannot solve a problem with the same way of thinking that created them. Albert Einstein Chennai November 24 to 29, 2016 Bengaluru December 1 to 6, 2016 Page 2 of 11
3 REPORT 40 HOURS TRAINING ON COMMERCIAL MEDIATION & NEGOTIATION CHENNAI November 24 to 29, 2016 The third 40 hours training on commercial mediation and negotiation was held at Auditorium, Bar Council of Tamil Nadu & Pondicherry from 24 th November to 29 th November The training was conducted every day from 2 p.m. to p.m. The training module was as per the international format of 40 hours training and a course module has been developed by the experts for this program. The training program received a very good response with 22 participants registering for the course including senior practitioners, chartered accountants and practising mediators. The training included rigorous practical mock mediation sessions along with mock mediation and written evaluations. Hon'ble Mr.Justice Huluvadi G.Ramesh, Judge, High Court of Madras delivered the key-note address during the opening ceremony of the training on 24 th November, From left to right: Stefano Cardinale (Master Trainer), Adv. J.Pothiraj, (Treasurer, Madras Bar Association), Mr. Thiru D. Selvam (Chairman, Bar Council of Tamil Nadu and Pondicherry), Chennai November 24 to 29, 2016 Bengaluru December 1 to 6, 2016 Page 3 of 11
4 Hon'ble Mr.Justice Huluvadi G.Ramesh (Judge, High Court of Madras), Adv. S. Hemalatha (Secretary, Madras Bar Association) and Anuroop Omkar (Domestic Trainer) Hon'ble Mr. Justice Huluvadi G.Ramesh appreciated the innovative effort of Indian Institute of Corporate Affairs. He discussed the need of mediation to go beyond the existing periphery of matrimonial matters and that more and more commercial and civil matters need to be referred to mediation. Mock Mediation Practice by Participants Chennai November 24 to 29, 2016 Bengaluru December 1 to 6, 2016 Page 4 of 11
5 CLOSING CEREMONY: Welcome Address by Mr. R. Shunmugasundaram President, Madras Bar Association Mr. R. Shunmugasundaram appreciated the initiative of Indian Institute of Corporate Affairs for pioneering the first of its kind commercial mediation training. He told the participants how he had got very good feedback of the training from the participants from Madras Bar Association and how the training was an eye opener, different mediation training from the general training programs being conducted in India. Mr. R. Shunmugasundaram taking live feedback from participants of training Key Note Address by Hon'ble Mr. Justice B. Rajendran, Judge, High Court of Madras and Member, Mediation & Conciliation Project Committee (MCPC), Supreme Court of India Hon'ble Mr. Justice B. Rajendran delivered the key note address at the closing ceremony of the training program at Chennai. He explained how resolving a dispute was much more about psychology of disputants rather than applicable law. He gave the illustration of how tone of voice can change the entire dimension of a communication. He explained how mediation not only helps speedy resolution of disputes but also changes the way we look at day to day life. He emphasised how it is necessary for mediators to have at least 40 hours training as prescribed by Mediation & Conciliation Project Committee (MCPC), Supreme Court of India. He explained how mediation is not only important tool of dispute resolution but also a very good tool of internal management for corporate houses. Chennai November 24 to 29, 2016 Bengaluru December 1 to 6, 2016 Page 5 of 11
6 From left to right: Stefano Cardinale (Master Trainer), Adv. J.Pothiraj, (Treasurer, Madras Bar Association), Mr. R. Shunmugasundaram (President, Madras Bar Association), Hon'ble Mr. Justice B. Rajendran (Judge, High Court of Madras), Adv. S. Hemalatha (Secretary, Madras Bar Association), Adv. P. Srinivas (Librarian, Madras Bar Association) and Anuroop Omkar (Domestic Trainer) Group Photo of Participants of Training Program at Chennai Chennai November 24 to 29, 2016 Bengaluru December 1 to 6, 2016 Page 6 of 11
7 BENGALURU December 1 to 6, 2016 The third 40 hours training on commercial mediation and negotiation was held at Auditorium, Bar Council of Tamil Nadu & Pondicherry from 1 st December to 6 th December The training was conducted every day from 2 p.m. to p.m. The training module was as per the international format of 40 hours training and a course module has been developed by the experts for this program. The training program received a very good response with 25 participants registering for the course including senior practitioners, chartered accountants and practising mediators. The training included rigorous practical mock mediation sessions along with mock mediation and written evaluations. Special Lecture on Negotiation by Laila Ollapally, Mediator and Proprietor, Centre for Advanced Mediation Practice, Bengaluru Laila Ollapally, an experienced mediator conducted training sessions on negotiation for the participants. She conducted interesting exercises through which the participants could evaluate their personal negotiation style. She explained the types and dynamics of negotiation. Participants during the special lecture Chennai November 24 to 29, 2016 Bengaluru December 1 to 6, 2016 Page 7 of 11
8 Visit to Bangalore Mediation Centre, Family and Labour Court, Bengaluru The participants of the training program were invited to tour the Bangalore Mediation Centre on optional basis and observe how a live mediation centre functions. The participants and master trainers where shown the waiting areas for disputants, play area for children, mediation rooms and other facilities of the mediation centre. The visit was in addition to the 40 hours of classroom training and mock mediations. President of Bangalore Mediation Centre with trainers and participants of the training program CLOSING CEREMONY Shri. Ratakonda Murali, Member (Judicial) and Shri Ashok Kumar Mishra, Member (Technical) of National Company Law Tribunal graced the closing ceremony of the training program at Bengaluru. The members congratulated the participants for attending the training program. They conveyed how they realize that most of the matters they hear at the Bengaluru bench can be resolved through mediation rather than a court order dealing with only questions of law. They emphasised the importance given to commercially feasible and sustainable solutions in mediation and how the leg room is not available in court orders. They reminded the participants that mediation is not a new system of dispute resolution for India since it was practiced in the form of village panchayat in the good old days. Chennai November 24 to 29, 2016 Bengaluru December 1 to 6, 2016 Page 8 of 11
9 From left to right at the table: Laila Ollapally (Mediator, CAMP), Stefano Cardinale (Master Trainer), Shri Ashok Kumar Mishra, Member (Technical), Shri. Ratakonda Murali, Member (Judicial), Kritika Krishnamurthy (Director, Bridge Mediation & Consulting Pvt. Ltd.- EOI Partner) and Dr. Vijay Kumar (Course Director, IICA) Group photo of participants at Bengaluru Chennai November 24 to 29, 2016 Bengaluru December 1 to 6, 2016 Page 9 of 11
10 Profile of Trainers Stefano Cardinale Mr. Cardinale has lived and worked in Italy, Spain, United Kingdom, United States of America and India. He is currently a member of the order in Rome and Barcelona, where he practices as a lawyer, professional negotiator, mediator, international management consultant and trainer. He works with various law firms in Italy, Spain, Germany, India, Chile and the United States of America. Mr. Cardinale was the academic director of three masters programme for lawyers at the Instituto Superior de Derecho y Economics (Spain). He is currently a member of the academic committee and professor of ADR schemes with the same institution as well as a professor of international mediation and negotiation at the Gujarat National Law University (India). He is the co-founder as well as director of Bridge Mediation Italy, an Italian body of civil and commercial mediation and a body trainer of mediators accredited by the Ministry of Justice with more than 20 offices throughout the country. He has contributed to several legal journals including "Mediares" "Economist & Jurist" and "The Notebooks of Conciliation Mediation Bridge Italy," he co-authored the book "Mediation and Conciliation, law, Comparative and International" published by Cedam in Mr. Cardinale is fluent English and Spanish. Anuroop Omkar Omkar is the Managing Director and promoter of Bridge Mediation and Consulting Pvt. Ltd. India. He holds a B.Com. LL.B. (Hons.) degree from Gujarat National Law University, Gandhinagar, India. He is a professional Mediator and Negotiator trained from U.S.A and Europe. He has coauthored legal best seller titled The Art of Negotiation and Mediation- Wishbone, Funny bone & a backbone published by LexisNexis in He is the youngest appointed mediator at Delhi Dispute Resolution Society, Ministry of Law and Justice, Government of Delhi. He is a skilled trainer who has successfully assisted mediation trainings in Gujarat National Law University (GNLU), National Law University Jodhpur (NLU-J) and Tata Institute of Social Sciences, Mumbai (TISS). He is the founder and partner of Anuroop & Kritika Associates, a law firm handling corporate transactions and commercial matters in New Delhi. He is part of the committee appointed by Ministy of Corporate Affairs for providing inputs in the drafting of the rules under Section 442 of Companies Act, 2013 introducing mediation in corporate disputes. He is a Member of International Centre for Alternative Dispute Resolution (ICADR) and Fellow of World Mediation Organization (WMO), Berlin, Germany. He is an Expert Contributor for NCLT & NCLAT Member Induction Training Programme (Mergers and Acquisitions and Alternate Dispute Resolution). He is a visiting faculty to SIDBI MSME International Training Institute (SITI), Bhubaneswar, Indian Institute of Corporate Affairs (IICA), MCA and National Law Chennai November 24 to 29, 2016 Bengaluru December 1 to 6, 2016 Page 10 of 11
11 University and Judicial Academy, Assam (NLUJAA). He is also a Member of WB National University of Juridical Sciences Industry-Academia Panel. Kritika Krishnamurthy Kritika has completed her education from Gujarat National Law University, Gandhinagar. She is a Commerce topper from Nagpur division, Maharashtra for the year 2007 and a recipient of Dhirubhai Ambani Foundation Scholarship and Maharashtra Government Scholarship from She has co-authored legal best seller titled The Art of Negotiation and Mediation- Wishbone, Funny bone & a backbone published by LexisNexis in She is a skilled trainer and has developed curriculum and course material for mediation trainings in Gujarat National Law University (GNLU), National Law University Jodhpur (NLU-J) and Tata Institute of Social Sciences, Mumbai (TISS). She is the founder and partner of Anuroop & Kritika Associates, a law firm handling corporate transactions and commercial matters in New Delhi. Her practice areas include General Corporate, Mergers & Acquisitions, Private Equity, Alternate Dispute Resolution (Mediation), sector advisory in Power, Pharmaceuticals and Information Technology. She also has three years parallel experience in Direct Tax and International Taxation. She is a Fellow of World Mediation Organization (WMO), Berlin, Germany. She is a Member of Review Committee of Ministry of Corporate Affairs for Section 442, Companies Act, 2013 on mediation and WB National University of Juridical Sciences Industry-Academia Panel. She is one of the Expert Contributor for NCLT & NCLAT Member Induction Training Programme (Mergers and Acquisitions and Alternate Dispute Resolution) She actively engages lectures at SIDBI MSME International Training Institute (SITI), Indian Institute of Corporate Affairs (IICA) and Indian Society of International Law (ISIL). Training Sponsors LexisNexis Publications Manupatra Small Industry Development Bank of India (SIDBI) Publication of training module Notepads and pens Platinum Sponsor has promised to sponsor Rs. 5 Lakhs (including participation from its employees across 7 centres Venue Partners Chennai Bengaluru Madras Bar Association Centre for Advanced Mediation Practice (CAMP) Chennai November 24 to 29, 2016 Bengaluru December 1 to 6, 2016 Page 11 of 11
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