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V NLS NMC

NLSIU, BANGALORE [2019]

MEDIATION REPRESENTATION PLAN

MR. KHAITAN
SENIOR PARTNER
FRYLEGAL
MEDIATION REPRESENTATION PLAN: MR. KHAITAN

CASE ANALYSIS

The case involves the dispute between Mr. Khaitan, Senior Partner at Frylegal and Mr.
Shroff, Associate at Frylegal over the mannerism and quality of work being put in by the
latter.

Mr. Khaitan is a senior partner within the firm at the New Delhi Office and heads the practice
therein. Loyal to the firm and having an immense experience at his disposal, he is a revered
figure in the office.

Mr. Shroff is an associate in the firm and was transferred to the Delhi Office from the
Mumbai office of the firm. He has also built his stature in the firm as an out-&-out
professional and is an expert when it comes to the M&A practice. His clientele is one curated
specially for the company and is crucial for the company interests, however, his personal life
problems have been spilling over to the workplace and were the cause of a major showdown
in a setup involving some of India’s largest clients of M&A.

Mr. Khaitan & Mr. Shroff are at loggerheads. The former accusing the latter of incapacity to
work due to family matters and indisciplinary conduct while the latter accusing the former of
a strong bias and his misplaced allegations.

OBJECTIVES:

 To let Mr. Shroff have full knowledge of the effect of his unwarranted behaviour on
the firm’s reputation & standing
 To let Mr. Shroff acknowledge his action’s effects and give him opportunity to make
amends as are in the best of interests of the firm in consonance with the policies and
practices of the firm.
 Postponement in promotion/appraisal of Mr. Shroff which shall be due in sometime.

INTERESTS OF MR. KHAITAN

● As a senior partner of the firm, Mr. Khaitan is directly involved in the interests of the
same and cannot afford to let the firm take a hit.

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MEDIATION REPRESENTATION PLAN: MR. KHAITAN

● The M&A deal at hand is the largest and most lucrative in India right now and to
maintain a blemish free record in such cut-throat competitive setup, it is in the best
interests of the firm to maintain its beyond brilliant performance and deliver the best.
● The denigration caused to the repute and standing of Mr. Khaitan in the full public
outburst is another unwarranted and hugely condemnable action on the part of Mr.
Shroff and therefore needs to be rectified.
● There shall be a wrong example set out if this sort of unruly behaviour is not corrected
by the firm and the same goes unwarranted.
● Moreover, the personal problems of Mr. Shroff should have been maintained by him
within the confines of his home, if he was unable to perform, he should not have
accepted the responsibility from the Managing partner citing his problems and a
lenient view would have been taken citing his track record.

STRATEGIC STRONG POINTS

● OVERLOOKING AUTHORITY: Mr. Shroff had not had any meetings in regard to
the issues of M&A with the seniors. However experienced a person, but a homework
on the basics is essential. More so, when playing a team game with new teammates.
No communication with seniors in the regard led to the problem.
● UNDERMINING THE FIRM’S INTERESTS: The managing partner had asked for
the consent of Mr. Shroff before assigning him to the M&A team. Had he had
problems he should have backed out citing the specifics. Accepting responsibility and
then underperforming is detrimental to the interests of the firm.
● LACK OF PROTOCOL: Lack of regular protocol of putting the company’s
interests first and sorting personal issues at later hand to prevent outbursts is
something that should have been looked into by Mr. Shroff. Moreover, Mr. Shroff is
not in a position to deliver what he has promised.

STRATEGIC WEAK POINTS

● TIME CONSTRAINTS: If the disputes are not resolved in time the client might
shift to another firm causing a huge monetary as well as reputational loss to the firm.
● LACK OF AS GOOD AN M&A EXPERT AS MR. SHROFF: The firm does not
have any other associate as well versed with M&A practice as Mr. Shroff.

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MEDIATION REPRESENTATION PLAN: MR. KHAITAN

● LACK OF CONFIDENCE SHOWN BY MR. KHAITAN: Mr. Khaitan has not


shown confidence in the abilities and faculties of Mr. Shroff as regards handling of
the M&A Deal.
● IRREPLACABLE: Worst comes to worst, Mr. Shroff or Mr. Khaitan could put in
their papers which would be a huge irreparable loss to the company.

MEDIATION STRATEGY

 OPENING STATEMENTS: The mediation session shall begin on the parts of


accepting differences and making sure that the interests of both the parties are
preserved along with giving paramount primacy to the interests of the firm.
 INTERMEDIARY STAGE: The main mediation process will involve the statements
by the firm’s HR as to how the HR Policy has been flouted by Mr. Shroff and the
repercussions arising out of the same. This stage shall also involve the statements by
the parties as to their interests and their fears. The legal liabilities and complexities
shall be explained by the HR herein so as to make everyone completely aware of all
issues and consequences possibly arising out of the dispute.
 SOLUTION ADVACEMENT: There will be a call to keep the approaches by both
parties solution oriented, a caucus might be called for with the mediator if at all
necessary at this stage, so as to make him/her aware of the issues involving the firm
and the specific interests.
 ACCEPTANCE: A solution as agreed upon by both parties and as it is in consonance
with the policies of the firm shall be signed upon bringing a close to the proceedings.

DIVISION OF ROLES AND TACTICS

MR. KHAITAN:

 PARTNER’S INTERESTS: The partner will explain about his hard-work,


dedication and loyalty towards the firm and will lay stress on the fact that he has been
working in the firm from past two decades, essentially akin to being an integral entity
within the firm and therefore anything detrimental to the interests of the firm is
detrimental for him.

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MEDIATION REPRESENTATION PLAN: MR. KHAITAN

 FIRM’S INTERESTS: The firm is known for its HR management everywhere and
Mr. Khaitan has always tried to ensure that it works as a team, an efficient one at that.
Moreover, Mr. Shroff's statements on his professional conduct maligned his image in
front of other counsels and amount almost to defamation.
 DISAGREEMENTS: He will also explain that his disagreement with Mr. Shroff is
not motivated by any personal bias but due the fact that he was not paying necessary
attention to detail and not putting in the requisite efforts as are necessary and
conducive to a practice such as this.

HR HEAD (FIRM REPRESENTATIVE):

 ISSUE: He will explain Mr. Shroff that his conduct was motivated by personal
experiences and his behaviour was not in the interests of the firm.
 SUGGGESTION: He will suggest Mr. Shroff, in-house counselling sessions with the
HR representatives of the firm and takes a sabbatical from work in order to realign his
interests with that of the firm.
 LIABILITY: His acts have set a bad precedent in front of other juniors, which has
undermined the operational hierarchy in the firm. Hence, this is detrimental to firm's
interests, thus creating liability on his part on account of violating HR Policies.

BEST ALTERNTATIVE TO A NEGOTIATED AGREEMENT (BATNA)

● ALTERNATIVE: The alternative to be adopted is that Mr. Shroff be kept on the


team but under the guidance of another senior partner and with regular checks on his
performance and output.
● NEW TEAM PROCEEDINGS: Another team can be created to handle the M&A
until the dispute is resolved.

● MANDATORY REST PERIOD: Mandatory rest for a while be suggested to Mr.


Shroff so that he can recuperate and be back with full vigour and strength.

******

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