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Mediator Script - Proposed Settlement
Typology: Cheat Sheet
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Hi everyone, it’s a pleasure to meet you all. At the outset, I would like to acknowledge and appreciate the fact that both the parties here have voluntarily agreed to resolve their dispute. My name is .. and I am going to be the mediator for this session. I have been mediating matters since the past many decades and most of them have been successfully resolved in front of me. I can assure you, that I remain truly impartial and unbiased to both the parties and tend to not give my opinion until the parties ask for it as I believe that the parties should be in complete control over the discussion and therefore are able to reach an amicable settlement comparatively faster. My primary duty here is to facilitate the conversation among the parties. Also, I would be happy to answer any of your questions pertaining to my qualifications for gaining your trust and confidence in me. I feel the mediation process shall be clearly laid out to bring a little certainty and clarity to both the parties about same. So, the mediation process is divided into three broad sessions or stages. In the first stage, we have a joint meeting such as this, in which both the parties introduce themselves and their concerns. Both the parties are given adequate time to present their circumstances, issues, justifications or the loss they have suffered, from their perspective. At this point, generally, both the parties or either one of them feel, that there is certain information that they think is important for a mediator to know so as to grasp the whole scenario in which the party is in, but are uncomfortable with discussing it in the presence of the other party. Therefore, in such a scenario or in case we reach an impasse, we enter the second stage, that is where we hold Caucus Sessions. Caucus Sessions is a one-on- one/ private meeting, between a party and the mediator. In the caucus session, each of the party can disclose any information which they might not want the other party to know. After the Caucus session, we reach the third stage, that is again a joint session, focusing on resolving the issues and finding out common interests and possible points of agreement. In this final stage, we strive to reach an amicable settlement which is in mutual interests of both the parties. As you would be knowing, the objective behind mediation is to proffer a platform for both parties to communicate among themselves, in the hope that eventually a resolution would be reached. Mediation is a very informal and a completely voluntary process, implying that each of the parties can refrain from answering or discussing at anything they wouldn’t like and even, if felt very necessary, stop the whole process at any time also. I’d like to clarify that all
information disclosed whether impliedly or expressly, during the course of this discussions is to be kept confidential and only if, a settlement is reached, shall the said settlement be made accessible or public for further purposes. Just a couple of ground rules, please remember not to use disrespectful or harsh language throughout the meeting and try to be as honest as possible. Lastly, I’d like to request both the parties and their counsels to not speak over each other and/or interrupt when a person is speaking so that everyone gets a fair share of time to express what they have in mind. If no one has any preliminary questions, we can start with the introduction of parties. Any one of you may go first!
The following three-fold settlement can be suggested as a mediator in case of a deadlock: