3. mediation plan on behalf of winterfell PDF

Title 3. mediation plan on behalf of winterfell
Author me me
Course Business Law & Ethics
Institution Zayed University
Pages 2
File Size 102.2 KB
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Summary

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Description

PRELIMINARY ROUND – II

TEAM CODE: SKMC67229#3

MEDIATION PLAN ON BEHALF OF THE RESPONDING PARTY IN THE MATTER BETWEEN HOGWARTS AND WINTERFELL I.

Mediation Strategy

1. At the outset, Mr. Tyrion will summarize his understanding of the dispute which has caused dissensus and lay out in clear terms his client’s interest. It is Mr. Tyrion’s duty to guide Mr. Jon to remain broad minded in this mediation session. 2. During the negotiation, Mr. Tyrion will use the classic adversarial strategy to arrive at a conclusion in order to terminate the Winterfell- Hogwarts treaty of 2020. Mr. Jon will try to explore different alternatives, and recommend to Mr. Tyrian that a mutually beneficially solution is the way to go. 3. Mr. Tyrion and Mr. Jon will endeavor to remain flexible in trying to find a possible solution which would promptly resolve the dispute amicably. II.

Division of Roles and Responsibilities between Client and Counsel

4. The client in this case is Mr. Jon, the Minister of Foreign Affairs for Winterfell. He shall present the State's interest in this session. Mr. Jon is going to stick to the facts of the dispute and shall regard the interests of Winterfell as supreme and will defend the interests of Winterfell with outmost rigor. 5. The Counsel, Mr. Tyrion shall be advising and advocating Mr. Jon in this mediation session. It is Mr. Tyrion’s foremost responsibility to help Mr. Jon to present the State’s interests. Mr. Jon shall discuss the relevant provisions of public international law, and ensure that Mr. Tyrion is aware of all available alternatives. Mr. Jon will endeavor to keep things amicable between the parties and make every effort towards reaching a mutually beneficial agreement. III.

Underlying interests of Winterfell

6. The foremost interest of Winterfell is to cancel the Winterfell-Hogwarts treaty of 2020 firstly, as their exigency of weaponry is no longer in existence and secondly, to contain the spread of Horrid-19 in the country.

MEDIATION PLAN ON BEHALF OF WINTERFELL

PRELIMINARY ROUND – II

TEAM CODE: SKMC67229#3

7. Additionally, the interest of Winterfell also lies not being answerable for the private opinion of Mr. Baelish. 8. The interest of Winterfell also involves the conservation of its reputation globally. It hence is indispensable for them to have a wholesome rapport with Hogwarts. Therefore, there is a direct clash of interests as both the parties seek to exonerate themselves of the blame. IV.

The BATNA for Winterfell

9. In such a case, Winterfell would firstly, invoke Article 62 of the Vienna Convention on Law of Treaties in order to invalidate the treaty as a there is a fundamental change of circumstances presently, as compared to when the treaty was signed, this change of circumstance could not have been foreseen by the parties; the circumstances at the time of signing of the treaty played a crucial role for Winterfell as the rising tensions with Narnia gave rise to the need for weaponry this need however doesn’t presently exist. At the outset, the doctrine of Rebus Sic Stanibus demands termination of the treaty. 10. Secondly, invoke Article 19 of the United Nations Declaration of Human Rights in order to prevent any defamation charges for the informal remark of Mr. Baelish. V.

The Other Party's likely Underlying Interest

11. Hogwarts’ main interests in the mediation involves the conservation of its reputation globally. It hence is indispensable for them to have a wholesome rapport with Winterfell. Hogwarts interest also lies in arriving at a reasonable agreement for the acquisition of the vaccine for Horrid-19 which is the ‘wildfire’ vaccine. VI.

The Other Party's likely BATNA

12. As it is clear that Hogwarts is one of the worst Horrid-19 affected countries in the world and the economy of the country has suffered greatly due to the disease the alternative for Hogwarts is to arrive at a mutually beneficial agreement with Winterfell for the acquisition of the vaccine for Horrid-19 which is the ‘wildfire’ vaccine. 13. In case Hogwarts fails to reach an agreement with Winterfell then the country will soon undergo an economic depression along with a soaring fatality rate.

MEDIATION PLAN ON BEHALF OF WINTERFELL...


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