Introduction by Mediator

"Good afternoon Arjun and Kiran,

Thank you very much for coming for the mediation.

Firstly, we need to set a few ground rules before we start.

- All proceedings during this mediation are confidential and will not be made known to
anyone else.
- Secondly, I am a neutral party, neither taking sides nor trying to make any party feel inferior
or superior to the other.
- Lastly, please be courteous during this meeting and do not interrupt the speaker.

As mentioned earlier, the aim of this mediation process is to provide a platform for you to
discuss the issues related to the ancestral property in Mysuru. We shall explore the various
options that would be feasible financially, legally, and emotionally.

We will first have individual statements from both of you wherein you can present your point
of view without being interrupted. Thereafter, we will have an open discussion. As per the
need, we may also hold a caucus. My job is to coordinate all proceedings and ensure a fair
settlement.

So, let's begin with Arjun Rao being the first speaker.”

Issues Identified
Concerns and Interest of Arjun Rao
Legal Equivalence: Requires a proper partition of the property into two equal halves.
Transparency: Excluded from decision-making processes and unclear in terms of managing
rents.
Property Value: Believes that the growing value of the property could benefit both brothers.
Equity: Thinks that the brother made wrong structural alterations without consulting him.
Selling Out: Seeks sale of the property and distribution of money to resolve conflicts.
Concerns and Interest of Kiran Rao
Ownership Rights: Has been residing in the property for about 15 years now and contributed
personal money to repairs and constructions.
Tie with the Past: Considers the property as their ancestral home and believes it to be
associated with their past and memories of parents.
Right to Possess More: Thinks that he is entitled to more than 50% due to longer tenure.
Possession Only: Wants to keep the property rather than sell it out.
Framing by Mediator
- Legal Aspect: Under partition law, both parties have rights to shares, but issues related to
contribution and possession make it difficult to apply these laws.
- Economic Aspect: The property is worth a lot, and while both want to benefit from it, they
disagree on how to do so (selling versus keeping the property).
- Emotional Aspect: There is a lot of sentimental value attached to the property, particularly
for Kiran.
Joint Session Dialogue
Mediator:
I appreciate your inputs, Arjun and Kiran. It's time for the joint dialogue now. I will allow each
one of you to comment on the points made by the other. I will try to make sure that the

🎙️
discussion remains civilized and purposeful.
Statement of Arjun
Arjun: From my side, I feel left out in the decision making of the property. The rent collection
and the renovation work have been carried out without my consent. The only option for me
would be to divide and sell the property so that both of us can equally benefit from the

🎙️
appreciation in its price.
Statement of Kiran
Kiran: I do sympathize with Arjun's situation. However, I've been living here for more than
fifteen years, taking care of our mother and spending my own money on repairing the
property. This is not just a property to me, but also a family asset. I don't wish to sell the
property.

Mediator's Perspective
- Appreciating Arjun: “You feel strongly about fairness, transparency, and profitability.”
- Appreciating Kiran: “You believe in emotional connection, appreciation for your work, and
keeping the house.”
- Identifying Points of Agreement: “Both of you are concerned about recognition of your
claims and contribution. Both of you desire resolution of the conflict without resorting to
prolonged legal battles; the issue is in what is to be done with the property.”

---

🔑 Mediator’s Move Forward

“Rather than debating over the sale against keeping the property, let’s look at some creative
solutions which may reconcile the two approaches – e.g., buy-out offers, installment
payments, joint ownership, or even reconstruction of the property. Not making decisions
immediately, but just getting the ball rolling.”

Mediation session with Arjun Rao

Mediator (confidential):
"Arjun, thank you for sharing honestly. What I want to know is, aside from having an equal
split followed by a sale, what is important to you?"

Potential answers from Arjun:

- He needs money from his share.
- He feels ignored and thus, seeks affirmation of his rights.
- He favors selling but is open to other options if he will be compensated properly.

Probing questions of the mediator:

- "Would Kiran buying your share at its full value fulfill your requirements?"
- "Staggered payments or redevelopment of the property acceptable to you?"

Step 4: Caucus with Kiran Rao

Mediator (private):
"Kiran, I recognize your sentimental value for the family property. Let us examine the other
things that mean something to you apart from preserving the house."

Kiran's probable response:

- Needs to be acknowledged for his efforts and contributions over the years.
- Cares deeply about emotional association with his ancestral home.
- Wants to keep possession of the house but can compensate Arjun.

Probing by mediator:
- "Would you be willing to buy out Arjun's share, making payments in installments?"
- "Can you look into sharing ownership with Arjun who can benefit financially?"

---

🎯 Mediator's Observations From the Caucus

- Flexibility of Arjun: Willing to sell or allow redevelopment as long as he is paid well.
- Flexibility of Kiran: Willing to buy or share ownership provided he receives proper respect
regarding his emotional association.
- Common interests: Need for recognition, justice and resolution without going to court.

Step 5: Settlement Approaches

1. Buyout Approach
- Structure: Kiran will purchase Arjun’s share in the ancestral property using its current
market value.
- Provision: The payment may be done in instalments over a period of 2-3 years.
- Advantages: Arjun gets his finances sorted out whereas Kiran remains in his own ancestral
house.

---

2. Installment-Based Approach
- Structure: Value of Arjun’s share in the property would be calculated and Kiran would pay
to Arjun in instalments (monthly/quarterly or annually).
- Provisions: An agreement which states that any default from Kiran to pay back Arjun his
share will attract penalties along with interest to be paid on outstanding amount.
- Advantages: Financial burden reduced for Kiran and yet ensures Arjun receives what he
deserves.

---

3. Partition Approach
- Structure: Property divided into specific shares such as the entire house for Kiran or rental
apartments for Arjun.
- Income Generation: Rent obtained from both brothers’ property to be divided between
them.
- Advantages: Both remain the owner of their respective properties while Arjun gets some
clarity.

---

4. Development Approach
- Structure: Joint development of the property using a developer.
- Results: Both brothers get new separate units based on their individual requirements or
monetary gain.

🎯 Framing by meditator
- Needs of Arjun: Financial compensation and equal rights acknowledgment.
- Needs of Kiran: Attachment, contribution acknowledgment, and ownership of the house.
- Options of settlement: Every solution gives a combination of money, power, and legacy.

📜 Step 6: Mediator’s Closing Statement

“Arjun and Kiran, thank you very much for your cooperation during this mediation process.

At the start, you expressed your points of view. Arjun focused on fairness, transparency, and
monetary gain, while Kiran stressed emotional connection, long-term ownership, and
appreciation of his contributions. By examining both your views together and separately
through joint and caucus sessions, we have established areas of agreement: recognition,
fairness, and mutual understanding without lengthy legal processes.

We have discussed various ways to resolve the dispute. Here are some possible settlement
models:
- A buyout arrangement where Kiran keeps the house and pays Arjun;
- A payment plan to reduce financial pressure but preserve Arjun’s rights;
- Joint ownership with shared percentages of ownership and income; and
- House redevelopment to ensure maximum benefit while respecting heritage concerns.

Your task now is to contemplate these options and choose the one that suits you best.
Remember to think about the financial and emotional sides of this property.

Therefore, I would like to thank you both for deciding on mediation instead of going through
litigation. As this exercise demonstrates, there can be a productive discussion in spite of
your dissimilarities. However, whatever decision you take, it would be prudent to put it into
writing.

Thank you once more for your cooperation. You seem to have made considerable progress
toward finding an outcome that respects your rights as well as your family tradition.”