Mediator 1: Emphasis on the Parties and the Importance of Mediation
Good [morning/afternoon], everyone. I am Kirti Krishna, and I will be co-mediating this session
along with my colleague Akshara Sai. Thank you for being here today.
Before we begin, allow me to formally explain the essence of what brings us here: mediation.
Mediation, at its core, is not about proving who is right or wrong, but about understanding,
communication, and resolution..Mediation is a voluntary and confidential form of
alternative dispute resolution (ADR). It allows parties to resolve disputes through constructive
dialogue, with the assistance of a neutral third party—in this case, us, your mediators. Our role
is not to take sides, assign blame, or deliver a judgment. Instead, we are here to facilitate
meaningful discussion, help identify common ground, and support you in crafting a
resolution that reflects your mutual interests.
Unlike court proceedings, mediation is a party-driven process. You, the parties involved,
maintain complete control over whether a settlement is reached—and on what terms. Nothing is
imposed. You decide the outcome, not a judge, and certainly not us.
Why is this important? The solutions that come from mediation tend to be more acceptable,
more durable, and more practical than those handed down by a court. They are shaped by
your own needs—personal, financial, emotional, or even technical—and can include creative
outcomes that a court may not be empowered to grant.
There are several additional advantages of mediation I’d like to highlight:
● It is private and confidential, ensuring that sensitive issues remain out of the public
eye.
● It helps preserve ongoing relationships, particularly important in family, business, or
community contexts.
● It avoids the financial and emotional toll of litigation, including high legal fees, lost
time, and protracted court procedures.
● It can be arranged quickly and resolved efficiently—often within a single day or over a
few sessions.
● Most importantly, it allows for flexibility in process and in outcome. You are not bound
by rigid legal remedies. Instead, you are encouraged to find solutions that meet the
real-world priorities of all parties involved.
Lastly, I want to highlight that this space is intended to be respectful, safe, and
solution-focused. We are here to listen, support, and guide—never to judge or compel.
I now invite my co-mediator, [Mediator 2's Name], to walk you through the structure and flow of
today’s mediation.
Mediator 2: Structure and Process of Mediation
Thank you, Kirti Krishna, for laying the foundation and reminding us why we are here today.
To both parties — Mr. Sanal and Ms. Sandhya — I’d now like to briefly explain how today’s
mediation will proceed, so that you feel informed, safe, and heard throughout this process.
Mediation is a structured, voluntary, and confidential process. While it allows flexibility, it typically
unfolds in five key stages:
1. Opening Stage:
We begin by introducing ourselves and establishing ground rules — namely, respectful
communication, confidentiality, and a willingness to engage in good faith. Shortly, both of you or
your advocates will have the opportunity to make a brief opening statement, sharing your
perspective without interruption.
2. Joint Discussion:
We will then explore the core issues together — asking clarifying questions, understanding
underlying concerns, and identifying shared interests. This is a collaborative stage focused on
understanding, not argument.
3. Private Sessions (Caucus):
If needed, we may hold individual meetings with each party. These private sessions are
confidential and provide space to express sensitive matters or test possible solutions.
4. Negotiation:
Once interests and options are clear, we guide you through negotiation. Our role is to help you
identify realistic, mutually agreeable solutions — not to decide for you.
5. Closing:
If a resolution is reached, we will assist in recording it formally. Before finalizing, we’ll ensure
both parties understand and are comfortable with the terms.
Throughout the process, please remember:
● We are completely neutral — we do not take sides.
● Everything said here is confidential.
● And most importantly, this process is about cooperation, not confrontation.
With that, we now invite you to begin with your opening statements.
Thank you.
[Mediator 1 concludes:]
We now invite you to begin. Please feel free to speak openly, and remember: we are here to
listen, not to judge.
1. Opening - requesting
2. Opening - Responding
Joint session begins .. from Agendas to be set up from the opening statement
Listening to opening statements, the mediators
1. Maintenance
2. Child Custody
3. Return of money and gold ornaments
3. Agenda - joint sessions
4. Requesting
5. Responding
Private caucus - requesting - husband and wife love each other - parents put pressure on me -
love marriage - sole bread winner - 5 days a week both women start yapping to me - the
ornaments and money are not w me but my parents - no control over it - willing to give it back to
her but she put allegations on me - defensive - child custody - dont have interest the children
and parents to grow apart -
Sandhya - same almost - i love him - parents influence - don't want to stay with him - always
takes mothers side - idk where the money and ornaments - dont have interest the children and
parents to grow apart -
Conclusion - can we reveal the private information only with the consent of the parties
Both the parties are having a misunderstanding and the agendas are set do not fit currently -
these were our agendas and we believe that both parties can reconcile and be able to pay split
your expenses and financially support your wife, not subject her to any violence and not be
influenced by your parents antics