Use it somewhere in between: AS RIGHTLY SAID BY JOHN CARMACK, A

STRONG TEAM CAN TAKE ANY CRAZY VISION AND TURN INTO A REALITY.
CLOSING STATEMENT OR IN BETWEEN: DIFFERENCE IS A REASON FOR
CELEBRATION AND GROWTH, RATHER THAN A REASON FOR
DESTRUCTION. – AUDRE LORDE
Coming together is a beginning. Keeping together is progress. Working together is
success.

MEDIATOR SPEECH- ROUND 1 (MEDIATOR 1)

Before I begin, I request everyone to give me a thumbs up if I am audible and if I am visible.
Great, thanks. One can never be too certain in such virtual times.
A very good evening to everyone present here.
I welcome you all to YOUR MEDIATION.
My name is Navya Saxena and this is ____ANISHA___, and we will be your co-mediators
for today’s session. You can call me Navya during the session. I commend you both for
choosing to work out a solution for your issues together. I’ve been mediating cases for five
years now, and I have always found that disputes such as yours are especially benefitted from
the 3 Cs of mediation, i.e., cooperation, collaboration and most importantly,
COMMUNICATION.
As your mediators, we are going to walk you through the process of mediation and help you
in understanding the relevance of mediation, our role in today’s session and the procedure
that will be followed.
Before we begin, I would like to request everybody to introduce themselves, requesting party
followed by the responding party.

Before explaining the process and how we proceed, I want to emphasize at the onset that I
keep my mediations very low key, very gentle, as they say these days and what you may both
better understand in terms of digitilisation, very “user friendly”. Therefore, if an any point
you feel that you want us to repeat anything for the sake of clarity or if you want to take a
break, do let us know.

Having said that, allow me to firstsly familiarize you with this virtual mode of
communication in brief
EXPLAIN ZOOM
 - Keep your mics off when you are not speaking.
- You can communicate through the chat-box.
- You can use the white board any time.
- And you can communicate any issue that you might be facing with our tech team
through the chatbox to avoid any disturbance.

I have a FEW QUESTIONS to ask the parties. ANISHA if could you please take a note of
the answers, great thanks!
- I would like to ask the counsels of both the parties, may we speak directly to your
clients in this sitting?
- Do the PARTIES have the authority to settle for an agreement, if we reach one?
- Have the parties voluntarily and with good faith decided to settle this dispute by
mediation?
Awesome, that’s great to hear! thank you very much! Also, I hope everyone is comfortable?
Thank you!

EXPLAIN MEDIATION AND BENEFITS

I am sure your lawyers must have told you about the benefits of mediation but I believe
I will put in a word in that regard as well to tell you why you should be confident of
your choice of this mode of dispute resolution.
Well, earlier today when WE WERE being briefed about our session, a very interesting
analogy came to my mind to explain to you all what mediation really is, in simple terms.
Imagine it in terms of mining, I know it sounds strange, but let’s see how. The top layer of
mine is generally soil, which is very hard to dig in, just like to find the real cause of any
problem. But, it’s the duty of the miner to identify the gems underneath or for that matter to
identify the appropriate location where he should dig in further or to make it more relatable, it
is like the process of design selection that you may be doing as designers - where you identify
and articulate the suitable designs and for each of your clients based on their specific beings.
Similarly, every discord has underlying common interests and benefits hidden inside it and
today, it’s our job to discover it through this process of mediation and reach our destination
of dispute resolution! Just like Albert Einstein once said, the more I learn, the more I realize
how much I don’t know.
This process is very flexible conducted with utmost confidentiality in which we as a neutral
party will be actively listening you in working towards a negotiated agreement with you all
having the ultimate control to settle and decide whatever is best for you. Mediation opens
doors to solution that could not be reached in courts. And even the winner in a court
proceeding emerges from the experience of mental scars that never heal. Everything you say
here is absolutely confidential. Everything said by you is without prejudice, that is it cannot
be used as an evidence in the court of law.

PROCEDURE OF MEDIATION
Today’s session will be composed of the following structure: We begin with opening
statements from both parties followed by agenda setting. Once that is done, we shall proceed
to gathering information in order to come up with solutions that will hopefully lead to an
amicable settlement. We shall then try to summarize the highlights of the session in the
closing statements Additionally, At some point if you wish to discuss anything in private with
us you have the authority and flexibility to call for a private caucus and even those meetings
are confidential, unless you choose to share it with the other person. We as facilitators may
call for it too at a point in the session where we feel the parties are not comfortable to share in
the joint session to reveal certain information in a more private atmosphere.
To sum up the procedure,
Consider us the navigators of your session. GPS for the journey that you will be undertaking
in the next 50 minutes today, and feel free to steer your wheel and explore this journey in
whatever direction you want to. We’ll definitely assist you and help you be on track, but you
are the master of your car! It is YOUR. SESSION.
I’m sure both parties will comply in ensuring that a civil, orderly and respectful discussion
takes place. If there are any questions please make them known.

GROUND RULES:

This meeting is scheduled for 60 minutes and we have the access to this room till 12:30. Are
there any time constraints? Good. If you need a break, let me know. We have the provision of
breakout rooms on this platform and we can ask our tech team to give you some time if you
want a break. I expect that you will speak honestly and bargain in good faith. I’ve found it
easier to hear if only one person talks at a time. So at the outset itself, I request both the
parties to be patient when there is an audio disconnect or disturbance. I may ask you to write
down concerns you have while the other person is talking. I promise to make sure you have
an opportunity to share your concerns. Also, if we could promise to be respectful to each
other, even if we don’t agree, this would be very helpful. Do either of you have anything to
add? Okay. Are you both willing to following these guidelines? Great.
OPEN AND FRANK

NOW, we understand that that the issue we will be dealing with today is a delicate
juggle, but at the same time, we expect that you will speak honestly and bargain in good
faith. Afterall, it is not possible to shake hands with clenched fists. We request you to be
patient, and encourage you to think outside the box since the problems that exist today cannot
be solved by the same thinking that created them.

Now, before I hand it over to you, Anisha, I would just like to point out 2 things
1) We are all adapting to this new way of digital life as well as new way of dispute resolution,
if there are any technical difficulties from our end or from any of yours, we request you to be
patient with us and each other while we try to resolve it and you can expect the same from us
if there are any technical problems from your end.
2) Lastly, I will be looking down from time to time, but that is because what you can’t see on
camera is my notebook. I assure that you I will be listening to everything that you have to
say, even if I am looking down.
I hope we have a fruitful session today.
Over to you ANISHA.
 MEDIATOR 2

Before I begin, I request everyone to give me a thumbs up if I am audible and if I am visible.

Great, thanks. One can never be too certain in such virtual times.
A very good evening to everyone present here.
I welcome you all to YOUR MEDIATION.
As already introduced, my name is Navya Saxena and I will be your co-mediators for today’s
session. You can call me Navya during the session. I commend you both for choosing to
work out a solution for your issues together. I’ve been mediating cases for five years now,
and I have always believed that disputes such as yours are always benefitted from the 3 Cs of
mediation, i.e., cooperation, collaboration and most importantly, COMMUNICATION.
Before EXPLAINING THE PROCESS AND HOW WE PROCEED, I want to emphasize
at the onset that I keep my mediations very low key, very gentle, as they say these days and
what you may both better understand, very “user friendly”. Therefore, if an any point you
feel that you want us to repeat anything for the sake of clarity or if you want to take a break,
do let us know.

Having said that, as we proceed further, allow me to familiarize you with this virtual mode of
communication in brief.
EXPLAIN ZOOM
- Keep your mics off when you are not speaking.
- You can communicate through the chat-box.
- You can use the white board any time.
- And you can communicate any issue that you might be facing with our tech team
through the chatbox to avoid any disturbance.

Now, I do have a FEW QUESTIONS to ask the parties. ANISHA could you please take a
note of the answers, great thanks!
- I would like to ask the counsels of both the parties, may we speak directly to your
clients in this sitting?
- Do the PARTIES have the authority to settle for an agreement, if we reach one?
 - Have the parties voluntarily and with good faith decided to settle this dispute by
mediation?
Awesome, that’s great to hear! thank you very much! Also, I hope everyone is comfortable?
Thank you!

Well, earlier today when WE WERE being briefed about our session, a very interesting
analogy came to my mind to explain to you all what mediation really is, in simple terms.
Imagine it in terms of mining, I know it sounds strange, but let’s see how. The top layer of
mine is generally soil, which is very hard to dig in, just like to find the real cause of any
problem. But, it’s the duty of the miner to identify the gems underneath or for that matter to
identify the appropriate location where he should dig in further or to make it more relatable, it
is like the process of design selection that you may be doing as designers - where you identify
and articulate the suitable designs and for each of your clients based on their specific beings.
Similarly, every discord has underlying common interests and benefits hidden inside it and
today, it’s our job to discover it through this process of mediation and reach our destination
of dispute resolution! Just like Albert Einstein once said, the more I learn, the more I realize
how much I don’t know.

PROCEDURE OF MEDIATION
Today’s session will be composed of the following structure: We begin with opening
statements from both parties followed by agenda setting. Once that is done, we shall proceed
to gathering information in order to come up with solutions that will hopefully lead to an
amicable settlement. We shall then try to summarize the highlights of the session in the
closing statements. Parties should note that we encourage you to call for a caucus or we as
facilitators shall call for it at a point in the session where we feel the parties are not
comfortable to share in the joint session to reveal certain information in a more private
atmosphere.
Consider us the navigators of your session. GPS for the journey that you will be undertaking
in the next 50 minutes today, and feel free to steer your wheel and explore this journey in
whatever direction you want to. We’ll definitely assist you and help you be on track, but you
are the master of your car! It is YOUR. SESSION.
I’m sure both parties will comply in ensuring that a civil, orderly and respectful discussion
takes place. If there are any questions please make them known.

CONFIDENTIALITY
Moreover, I hope you got the agreement to mediate from our team and I would just want to
remind you about the confidentiality clause and want you to understand that everything you
say today in this session will remain confidential and will not be used against any party in the
court of law in case things go south. Any notes that will be made by the mediators will be
discarded at the end of the session and will be made only for your reference. Please be
transparent with us, we are here to assist and help you. ____ will be elaborating on this aspect
more.
Again, we understand that even though both parties have had similar training, they come
from separate backgrounds hence resulting in certain linguistic differences, and so if there is
something that is lost in translation or any other confusion, please do not hesitate to ask us for
a clarification and let’s keep all our paces normal so that everything is communicated well.

FLEXIBILITY
Additionally, At some point if you wish to discuss anything in private with us you have the
authority and flexibility to call for a private caucus and even those meetings are confidential,
unless you choose to share it with the other person.
I’ve some questions:
1. This brings me to a question, are you here on a voluntary basis?

2. Do you have the authority to enter into any agreement, if we reach one?

NEUTRALITY AND IMPARTIALITY

As mediators, we are not here to make decisions for you or offer you legal counsel. Our job is
to help the two of you come up with a solution that works for you both. In that role, we strive
to be neutral and impartial, meaning that we will not favor either one of you or champion any
particular solution. If you have any concerns about how the process is going or what I am
doing, please let me know so we can discuss it.

GROUND RULES:

This meeting is scheduled for 60 minutes and we have the access to this room till ___. Are
there any time constraints? Good. If you need a break, let me know. We have the provision of
breakout rooms on this platform and we can ask our tech team to give you some time if you
want a break. I expect that you will speak honestly and bargain in good faith. I’ve found it
easier to hear if only one person talks at a time. So at the outset itself, I request both the
parties to be patient when there is an audio disconnect or disturbance. I may ask you to write
down concerns you have while the other person is talking. I promise to make sure you have
an opportunity to share your concerns. Also, if we could promise to be respectful to each
other, even if we don’t agree, this would be very helpful. Do either of you have anything to
add? Okay. Are you both willing to following these guidelines? Great.

OPEN AND FRANK

Lastly, before the give the floor to _____. we understand that that the issue we will be
dealing with today is a delicate juggle, but at the same time, we expect that you will
speak honestly and bargain in good faith. Afterall, it is not possible to shake hands with
clenched fists. We request you to be patient, and encourage you to think outside the box since
the problems that exist today cannot be solved by the same thinking that created them. Also,
if we could promise to be respectful to each other, even if we don’t agree, this would be very
helpful.
 SESSION

OPENING STATEMENT:
From what I could gather from X and Y’s statements, and please correct me if I am wrong:
1.

AGENDA SETTING
Alright, thank you very much for your introduction. So according to us this what we have
gathered, This is very preliminary, so please pitch in.
PROPOSAL [IF CAN’T AGREE/CAN BE CLUBBED ON THE BASIS OF COMMON
INTERESTS]
1. To discuss reconciliation (professional)- Indie House, Book Deal, Social Media
2. To discuss the status of our joint assets- From where we have already earned
3. To discuss PR firm- Need it changed ASAP 
4. To address the reputational loss - joint statement

CAUCUS
1. CONFIDENTIALITY
2. HOW WAS THE SESSION TILL NOW?
3. NOTES WILL NOT BE SHARED UNLESS YOU TELL US
4. IT WILL BE A 5 MINS SESSION

POST CAUCUS
1. SOMEONE WANTS TO MAKE A STATEMENT

PROBLEM SPECIFIC
1. HYPOTHETICALLY, if today you decide to part your ways as a couple, do you think we can
still work on the professional front.?

- Make some rules to work together and how to keep it professional 

- Co-workers ( COUNSELLING) 
- Defined roles within the business 
- OBJECTIVE CRITERIA FOR EVALUATION OF PERFORMANCE: This will
keep decisions about bonuses, distributions and/or continued employment within
the business realm and free from potential personal vendettas. 
- OBSERVER PERIOD: give 6 months observation period and see if we can work
on this.
- We can have SEPARATE TEAMS AND WORK DIVISION.
- different professional and personal lives.
 2. Hypothetically, if they agree to how they wish to continue with their projects, is reconciliation
on the table?

- CONSCIOUS UNCOUPLING: In these previous theories, uncoupling is rooted in

how to part amicably, keeping mutual respect as part of the process and
remembering the needs of any children involved. While these are admirable and
necessary steps for a conscious uncoupling, to us, self-reflection must be the
foundation of the process if we are to avoid repeating the same problems in the
next relationship. The idea of conscious uncoupling is to gain enough self-
awareness that we no longer have to do it anymore because we’ve now found
ourselves in a fulfilling, sustainable, long-term relationship.
- IMAGO RELATIONSHIP THERAPY: They found someone who specializes in
Imago Relationship Therapy, a type of therapy that helps people communicate. “It
helped us learn how to talk to each other in a calm and rational way,”
3. Is there any specific timeline that you want to suggest to them?
4. Do you think that you’ll be more comfortable with another PR firm after the entire story
fiasco?
5. Hypothetically, since you told me that the problem, was with respect to your personal
relationship, do you think you can have some couple’ counselling sessions scheduled?
6. How do you think you want to mend your collective reputation if going forward together?

- STORIES ON PERSONAL ACCOUNT: 

-       Public statement- apology OR NEW PR FIRM 
-    #IT IS NORMAL: Importance of couple therapy and counselling- how to build
communication (We will encourage people to share their stories and how they
dealt with feelings like insecurity and doubt in their relationships)- Some
campaigns.

1. I heard somebody make an offer.

I hope we have a fruitful session today. I would request Mr. X to begin with his/her Opening
statement.

Acknowledging
I see ……….
What do you make of that?
That sounds really important to you.
What do you think about that?
What do/did you feel about that? (It can seem intrusive and irritating to repeatedly ask
someone how they “feel”. Try varying it with “think” or the more neutral “what do you
make of that?”)
Affirmation
Thanks for explaining that so clearly.
Thanks for listening so politely while [x] spoke. (Never underestimate the importance of
politeness and positivity. Praising someone for listening underlines and rewards that
behaviour while also letting the person know that the mediator has been noticing them.)
Checking/clarifying
So, what you’re saying is ……..?
I am wondering about this. If …, then ….?
Can I just ask what you meant by ……………?
Can you explain that a bit more?
Am I right in thinking you said …………….?
Encouraging
You were saying earlier ………….
You really don’t see things the same way. It’s OK to disagree – that’s why we’re in
mediation.
Future Focus (Mediation clients are often mired in despair. Simple questions can anchor
their thinking in a more hopeful place by assuming that the future does not need to be the
same as the past.)
What are you looking for?
What do you want to achieve today?
How will you recognize it when it happens?
Looking forward, what might need to happen?
What needs to happen for you to ……?
So if the position now is …(summary) how could things be improved?
On hearing something positive from the other side
Does that surprise you?
Have you heard that before?
What do you make of that? (This is in twice – it’s a favourite!)
Would it be OK if I ask you to say back to [X] what you heard them say to you?
Option generation (this and the next category may work better in private session)
If you had a magic wand what would the future look like?
Reality testing
How do you think they see the situation?
What could you live with?
What would be the effect of that?
Summarising
So, if I’ve got this right, there are three things we need to deal with. First…, second… and
third…?
So from your point of view ………, and from your point of view …………?
QUESTIONS
ISSUES:
1. ONLY 27/ 100 LOCATIONS WERE ACQUIRED

COSTS
1. Planning cost

SOLUTIONS
1. FRESH CONTRACT
2. CONTINUE RELATIONSHIP
3. Good faith relations
4. Definite guidelines for assessment
5. Penalty clause for the loss- for fraser- include MPD
6. PROCEDURAL IRREGULARITIES
7. COST OF ALTERNATE LANDS-
8. DISPUTE RESOLUTION CLAUSE
9. RATHER THAN A LAWYER- JOINT COMMITTEE TO SCRUTINISE THE LANDS
TITLE
10. SOME COLLAB—WIND ENERGY
11. Penalty clause for both the parties
12. Payment in parts—quarterly or monthly
13. Sharing basis -model

INTERESTS AND NEEDS

1. ACQUISATION OF LAND
2. ALTERNATE LANDS KA COST

Discussion
1. Damage is planned
2. Breach of contract
 SELF EVALUATION
1. Which of your strategies of yours do you think worked in your favour?
a. Most important was to keep a check on the time (20-25 mins (OS) + 10 mins (Caucus) + 15-
20 mins joint session + 5 mins closing)
b. Important to keep the flow of parties and not to interrupt them
c. Make them comfortable at the very beginning and make sure that the parts are efficiently
divided between me and my co-mediator to avoid wasting any time or disrupting the other
person
d. We decided who will summaries what and how the caucus will be divided and to make sure
that we act as a team even if we are competing.
e. FLEXIBILITY
f. REALITY CHECK SOLUTIONS
g. GIVE THEM HYPOTHETICAL SITUATIONS
h. INDIRECTLY ASK QUESTIONS IN CAUCUS TO FIND THE MIDDLE GROUND

2. If you were to do the mediation session again, what would you change on your part?
a. I believe, we were able to make them comfortable.
b. THE CAUCUS COULD HAVE BEEN CALLED AT A MORE OPPORTUNE TIME.
c. Discussion - setting of agenda could have been changed
d.

We will assist and undertake the planning, designing, and assembling a structure