Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

Very good morning , before I start I want to confirm that am I audible and visible to all of you?

Its
11;30 am and as you are already informed We are here as mediators for the day appointed. Firstly
thanks my co mediator for introducing and giving such a brilliant outline of the way mediation
works. And a big thanks you to the parties for coming here, not everyone has the big heart to solve
the dispute in this peaceful way. I hope that this session turns out to be productive and party
reaches a consensus that is mutually beneficial for both. As madame mediator already told you what
mediation is by using proper definition so I want to use a practical example because that I think
parties connect with my example , I am saying this by my previous experience. Suppose that there is
fight between two kids over the last slice of pizza, so this dispute is impossible to solve as there are
two kids and only one slice of pizza but if we try to deliberate we will come to know that one kid only
want top of the pizza that is papporini or cheese and the other kid want only base , so you know you
understand that by power of deliberation we can solve the dispute amicably.

Not jumping directly to the procedure , Starting with by summarising what co-mediator in really
brief way to make the flow, as she mentioned about the voluntariness that you are voluntarily here
and neutrality that we are completely neutral. I hope both the things are clear to you. Heading
further ,One of the main aspect in mediation is confidentiality which is to say anything which any of
the party disclose in this session shall be not disclosed to any third party. Also it is said in U.N legal
language that mediators miranda vorentis that means we cannot confront at any point point or
avenue against the parties, means We , Both the mediators will not be called as in evidence in any
court of law so please feel free to discuss your views.

Next ,I would like to add that everything said here is without prejudice what this means is that you
can put ideas on the table. No one is going to judge you. All the party will have equal standing in the
matter so basically all the participants will be given equal opportunity to represent themselves. Our
goal as a mediator is to help YOU figure out YOUR own solution to YOUR problems. Since you are the
ones who will be living with your solution from here on, so we want you to be the ones who decide
what the solution will be. I only want both the parties to trust both the mediators and the process of
mediation.

So moving ahead to the structure of the mediation process which will be like that

The total session will be of 35 minutes ,1st we will have the introduction and the opening statements
of both parties .Then the agendas will be set . Proceeding further we will go for the joint session,
then if the mediators or any of the parties feel like the session is lagging or is getting imperial and
reaching impasses a call for a private session or a caucus can be made which will be of 5 minutes ,
each 2.5 minutes.

Is it clear to everyone ? If you have any doubt please feel free to ask. Afterall this platform is for you.

Now I will guide you through the ground rules of mediation.

•firstly, the parties/ counsel may address only the mediator

•While one person is speaking, others must refrain from interrupting

•Language used must always be polite and respectful

•Mutual respect and respect for the process must be maintained

•Mobile phones must be switched off


As this is an online session it is very possible the things can get a little murky so please cooperate.
Both the clients and their counsel have to keep their video on all time and keep themselves muted. If
you feel the need to add on please right it in the chat box or just raise your hand so that a mediator
can bring you up in the conversation.

So okay, let’s start with the opening statement of both the parties. I request Ms. laxmi to please take
the floor.

Agenda setting

Does the parties have any agenda at their hands or do they want to create it write now here?

You might also like