♥️
Mediation - OS [Samriddhi
Ghosh_Aditya]
[NLUO/LL.B/Batch: 23]
S: Good Morning, My name is Samriddhi Ghosh
A:
… and I am Aditya . We are your mediators for today’s session.
Thank you for being here. Your presence today demonstrates your
willingness to attempt cooperative problem-solving.
If any of you have a special need during the session, please let me know
now or at any time during this session. Also, please silence all electronic
devices during this mediation.
How would each of you like to be addressed in our session today?
S:
Our role as mediators is to facilitate the discussion and negotiation and help
you
reach a mutually acceptable agreement. Your attendance at this mediation
does not imply any admission of guilt or wrongdoing. We are not here to
represent any particular side and will not provide advice or guidance.
Please note that we do not have the power to impose a decision on you or
to decide how this matter should be settled.
Before we discuss the mediation process, are there any questions about
what we’ve covered
so far?
A:
We shall now explain the process we will use. When we complete these
preliminary remarks each of you will have an uninterrupted period of
_____________ to explain what brought you to this session and to describe the
Mediation - OS [Samriddhi Ghosh_Aditya] [NLUO/LL.B/Batch: 23] 1
problem as you see it. Sidney, you will start, as the party that brought this
issue to our attention, followed by Rishabh. After the opening statements, all
key issues to be addressed in this session will be noted down. This agenda
will serve as a guideline for the subsequent discussions.
S:
Either one of you may call a caucus as well if you feel you would like to
share something in confidence. The information you share during the
caucus will not be shared during joint discussion unless you specifically
give consent to such disclosure. At the end of the session, all recordings
taken during the discussion shall be destroyed to preserve the
confidentiality of the mediation process.
A:
Let’s abide by the rules of common courtesy and avoid interrupting or using
inflammatory language. After you have both given an overview, we will
transition into a joint discussion where we can more fully discuss the nature
of the dispute as well as negotiate possible solutions to resolve it.
If an agreement is reached, it will be written and signed by you, and each of
you will be provided with a copy of the agreement, when it becomes a
legally binding document after the necessary approvals are granted.
S:
We ask that you sincerely agree to attempt to resolve this dispute, treat one
another with mutual respect and give consideration to all suggestions
made in regard to developing a realistic solution to the problem.
Thank you again for participating. Are there any questions before we begin?
If not, Sidney, please start by explaining what brought you to mediation
today.
___________________________________________________
<after opening statements>
____________________________________________________
Okay, would we be correct in saying that _____________ are the key issues the
parties would like to address during this session? Alright, so now we shall
Mediation - OS [Samriddhi Ghosh_Aditya] [NLUO/LL.B/Batch: 23] 2
discuss the first matter in question, ________________ .
__________________________________________________
identifying a shared interest
__________________________________________________
Other key mentions:
Would you like to suggest any ground rules for the session today?
Do you each have the authority to settle and sign an agreement if one is
reached?
If you have any questions about the process, please ask now. Otherwise…..
(and then it starts)
Mediation - OS [Samriddhi Ghosh_Aditya] [NLUO/LL.B/Batch: 23] 3
