Report on 40 hours training on commercial mediation and …mediationiica.in/report-chennai-and-bengaluru.pdf · 2017. 5. 14. · Sun –Tzu (The Art of War) ... Albert Einstein

Report on 40 hours training on commercial mediation and negotiation

Chennai November 24 to 29, 2016 Bengaluru December 1 to 6, 2016 Page 1 of 11



“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



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 24th November to 29th November 2016. The

training was conducted every day from 2 p.m. to 8.30 – 9 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 24th November, 2016.

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),



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



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.



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



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 1st December to 6th December 2016. The

training was conducted every day from 2 p.m. to 8.30 – 9 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



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.



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



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 2011. 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 co-

authored legal best seller titled “The Art of Negotiation and

Mediation- Wishbone, Funny bone & a backbone” published by

LexisNexis in 2015. 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



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 2007-12. She has co-authored legal

best seller titled “The Art of Negotiation and Mediation- Wishbone,

Funny bone & a backbone” published by LexisNexis in 2015. 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 Publication of training module

Manupatra Notepads and pens

Small Industry

Development Bank of India

(SIDBI)

Platinum Sponsor has promised to sponsor Rs. 5 Lakhs

(including participation from its employees across 7 centres

Venue Partners

Chennai Madras Bar Association

Bengaluru Centre for Advanced Mediation Practice (CAMP)

Documents

Report on 40 hours training on commercial mediation and …mediationiica.in/report-chennai-and-bengaluru.pdf · 2017. 5. 14. · Sun –Tzu (The Art of War) ... Albert Einstein