Shayhum Aboosalih, a former student of St. Peter’s College and Rishika Pandey made strides at the Mediation Competition organised by the Bucerius Law School in Germany recently.
The event was sponsored by Bodenheimer and brought to a finale a year of much developments in the ADR sphere.
Alternate Dispute Resolution or ADR is a culmination of solutions offered to resolve disputes out of court. People, institutes and even states are able to use the mechanism of ADR in order to negotiate, seek advise and be able to move forward in their dealings. While the main benefit is that parties are able to seek counsel in more than one matter with more flexibility than a sovereign’s judiciary, each offering under the ADR umbrella comes with its unique flavour and advantages depending the interests of the parties involved.
Mediation is one such method which aims to facilitate an amicable settlement amongst parties. It gives parties the self-determination or freedom to choose how they would like to decide their case.
A mediation is also private so information shared is kept strictly confidential protecting the privacy of parties. In order to make those in disagreement more amenable to conversation, a well experienced mediator would be present to facilitate a forward-looking discussion. Parties are encouraged to also bring their lawyers, however in the case of a mediation, Legal counsels serve as professionals guiding their client. This is done by helping them to further their interests i.e. focussing on what they came to talk about. The counsels play an important role of ensuring that discussions do not get bogged down in legal positions about who is right or wrong. The lawyers also help provide an understanding of the alternatives at hand in case parties are unable to settle during the mediation.
The Bucerius Law school now hosts an annual international mediation competition where University students from around are given an opportunity to participate in a simulated mediation space, where they are judged on their advocacy and negotiation skills.
This year saw 24 teams from across the globe participate on site and online from their countries in a hybrid competition format.
Shayhum Aboosalih studies law at the University of London. His experience in various fields like Tech, Finance, and media has given him a unique edge for cross-industry negotiations that take place internationally. His involvement in business through the gem and Jewellery trade brings in a sense of commercial acumen which is reflected in his negotiation style. Rishika Pandey is reading her final year in both business and law in the University of Jindal in India and is no stranger to ADR. Her contribution to the field ranges in a myriad of forms, from authoring many published articles to being a coach for over 10 mediation teams.
Together Rishika and Shayhum grabbed the attention of organisers, mediators and judges with their advocacy skills and scored the highest overall marks in the preliminary rounds. The duo then became the only South Asian and Virtual team to make it into the semis, ultimately winning the competition. This is the first time in the history of the competition that a Sri Lankan won first place. In addition Rishika was also awarded for the Best Negotiation Style.
While this is a proud moment for both Universities and our nations, the team wishes to use the experience and network made during the event to develop Mediation and ADR in their countries. Such competitions are useful ways where students can broaden their horizons and find better opportunities. Legal professionals can improve their attitude towards disputes, especially to always see how matters can be resolved in the most amicable manner possible.