Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

ADR- Negotiation and Mediation Script for Mediator & Proposed Settlement, Cheat Sheet of Law

Mediator Script - Proposed Settlement

Typology: Cheat Sheet

2021/2022

Available from 11/01/2022

answers.z
answers.z 🇮🇳

11 documents

1 / 3

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
SCRIPT FOR MEDIATOR
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
pf3

Partial preview of the text

Download ADR- Negotiation and Mediation Script for Mediator & Proposed Settlement and more Cheat Sheet Law in PDF only on Docsity!

SCRIPT FOR MEDIATOR

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!

Proposed Settlement

The following three-fold settlement can be suggested as a mediator in case of a deadlock:

  1. ... agrees to buy the land of ......at the prevalent market rate. The payment plan for the same shall be in three instalments. The first of which would cover 70% of the payment to be made within a month of the settlement. The second instalment of 15% of the total amount, shall be paid within the next two months. The last instalment for the remaining 15% shall be paid in the third month.
  2. Additionally, (if. is very sure of the fact that discharge by .... has already caused a significant monetary loss which she wants be compensated for), a private environmental impact assessment expert team shall be constituted, consisting of two experts chosen by each of the parties and one mutually agreed expert. The team shall make a conclusive report within one month, as to whether any damage or loss in quantifiable measures has been done which has directly affected ..... land or has caused considerable pollution to the river water she used for irrigating her crops leading to stunned growth or deterioration of the overall quality. If it is proved that significant damage to the land or its nearby water resource was caused, >> Enterprises shall be required to pay compensation for total loss caused as per the report along with bearing the costs of the hired team. In case it is found otherwise, the costs of hiring the expert team shall be borne solely by ...... and the same could be deducted from the third instalment as per the preceding clause. If the report prepared by the