Mediation Script

INTRODUCTION

The problem with traditional judicial dispute resolution, as we all know, is that it's lengthy, expensive,
messy, can get ugly and strain relationships forever. Most disputes arise between parties that know each
other- families, neighbors, business partners and so on- people who have to interact with each other on
a daily basis, even after the dispute is adjudicated. This is why more amicable ADR processes, such as
mediation, are becoming popular.

Mediation is a way to solve disagreements where two or more people meet with a neutral third person
called a mediator. The mediator helps everyone talk and work together to find a solution that everyone
agrees on. Unlike a judge or arbitrator, the mediator does not decide who is right or wrong or force any
decision. Instead, the mediator guides the discussion, helps clarify the issues, and encourages the parties
to come to their own agreement.

Every mediation has - the mediator, the parties called claimant and respondent, and the counsels to
represent and assist the claimant and respondent.

Mediation can occour in 2 situations: (1) if both parties have previously decided mediation to be the
form of dispute resolution in a clause/contract/agreement, (2) Pre litigation mediation: before filing of
a civil/commercial suit, the parties decide to try to solve the dispute, (3) if court/tribunal refer the
dispute for mediation.

Today we have before you the marital dispute between Rajaram’s son Arjun, and Sitaram’s daughter
Ananya. The business issues have already been sorted out last month by Safah and team.

FACTS BRIEF SHREE

APPOINTMENT OF MEDIATOR
Anyone-regardless of nationality-can be appointed as a mediator, as long as mediators meet the
required qualifications and accreditation. The parties are free to choose - both the mediator and
procedure to appoint one. If they can’t agree, the party wanting to start mediation can ask a mediation
service provider to appoint a mediator. The service provider then has seven days to appoint either the
mediator the parties agreed on, or, if there’s still no agreement, someone from its approved panel (with
that person’s consent). Once appointed, the mediator has seven days to confirm whether they accept
the role.

MEDIATOR OPENING STATEMENT

Good morning everyone,
Welcome to this mediation session. My name is Priyanka. S. H, and I am the mediator for today’s
proceedings. I would like to thank both parties for appointing me as the Mediator for the session. I am
a certified Mediator from Bangalore Mediation Centre, and I have over 10 years of experience in
mediation. My role is to facilitate this conversation between the parties and help you reach a mutually
acceptable resolution. I am neutral and impartial, and I am not here to impose any decision but rather
to assist in finding a common ground.

Before we begin, I would like to set some ground rules:-

1. We will maintain respectful and professional communication.
2. Each party will have an opportunity to speak without interruption.
3. All discussions are confidential and without prejudice.
4. If needed, I may call for private caucuses to speak with each party separately.
Everything that we discuss here will be totally confidential and will not be disclosed to anyone outside.
Please feel totally free to speak with me about any of your issues- as communication is the key to resolve
all the problems. Are both the parties comfortable with these rules?

Parties and their counsels ( Together in unison ): Yes.

Mediator :
Now, I invite both parties to briefly present their opening statements. This is your opportunity to share
your perspective on the dispute and what you hope to achieve through this mediation.

SHREE: Here the parties take the opportunity to briefly introduce themselves.

CLAIMANT SIDE OPENING STATEMENT

COUNSEL: Good morning everyone, My name is Sanjana, and I am the counsel for my claimant, Mrs
Ananya. First of all, I would like to extend my gratitude towards the mediator for explaining the
ground rules and the process of mediation explicitly. I would also like to thank Mr Arjun and his
counsel for being present for this mediation session.
 Further, I would like to inform you all that I am here on an advisory capacity on behalf of my
client. We look forward to your cooperation throughout this session.

CLAIMANT: Good morning everyone. My name is Ananya. I would like to thank you all for
attending this mediation session, and I hope that through this session, we will be able to reach an
effective and amicable settlement.

OPENING STATEMENT RESPONDENT SIDE

COUNSEL: Good morning, everyone. Thank you for being here today and for your willingness to
engage in this mediation process. My name is Ishani, and I am the counsel for [Link]. I am solely
here in an advisory capacity, and I hope that through this mediation session, we will be able to work
towards a solution that can lead to mutually beneficial outcomes.

RESPONDENT: Good morning, everyone. My name is Arjun. I would also like to extend my
gratitude to everyone for their presence at today’s session.

STATEMENT OF FACT BY BOTH PARTIES AND THEIR RESPECTIVE COUNSELS

*
Counsel for the Claimant:-
I would like to begin by saying that as a lawyer, I'm well aware of the matter we are here to discuss,
which may seem intricate at first glance. But it is rather a series of misunderstandings that lead to
differences of opinion between the parties. The said matter can be resolved by communicating the
problems, by setting aside the difference between the parties, and agreeing to resolve the dispute on
desirable terms for both parties.
Further, I would like to briefly outline certain facts on the matter in dispute brought forth for
this session. My client, Mrs Ananya, is a corporate lawyer with 11 years of experience, who was focused
on building a promising career in the legal world. But upon a sudden wedding proposal put forth by
her father, Mr Sitaram with Mr Rajaram’s son who happens to be his dear friend as well as his business
partner, believing to enhance both their personal as well as professional relationships, agreed to enter
into the marriage with Mr Arjun with an expectation of a marriage built on trust and mutual respect.
Despite her dream to establish a law firm of her own, she agreed to join the family business upon the
insistence of her husband. Unfortunately, she has experienced significant distress due to a lack of
transparency and financial mismanagement on the part of her husband, Mr Arjun. Specifically, there
were instances where substantial funds intended for their joint future were redirected by Mr Arjun to
cover up for his personal business debts without my client's knowledge and her consent. This breach of
trust has broken my client's trust and belief in Mr Arjun. Therefore, she has come forward to resolve
the issues between her and her husband by the way of this mediation session.
Now, I would like to call upon my client to state further details on the same.

Claimant:-
I had hoped for a marriage where we supported each other’s dreams and aspirations. Assuming
that this marriage wouldn't cause an obstacle to my dreams and ambitions, I did not object to the
same. We had a period of 6 months as a courtship before the wedding, during which we became
friends. I began trusting him and started opening up with my feelings and plans with him. I also agreed
upon my husband's request to join the family business. However, after working in the company for a
while, I noticed discrepancies in its financial records and realized that my husband had
misappropriated the firm's funds. The unilateral decisions taken by my husband have left me feeling
betrayed and insecure about my future. Further, I was startled upon the discovery of the fact that he
not only misused the company funds, but also chose to remain silent on this matter with our parents -
keeping such a huge decision regarding the business a secret from them. My husband's dishonest
actions have broken my trust and belief in him. Upon confronting him regarding the same, it gave rise
to serious disagreements between us, which also led to our families getting involved in the same. As a
result, the situation escalated into a bitter dispute, straining both our families as well as our shared
family business. Therefore, through this mediation session, I hope to get some answers and clear the
air.

Counsel for the respondent

Firstly, I would also like to thank the Mediator for explaining the ground rules explicitly and helping us
throughout this process of mediation and I would also like to thank Mrs Ananya and her counsel for
taking time and being present for this mediation session.
We look forward to your cooperation throughout this session.
Mr. Arjun, my client has been part of the partnership firm built by his father and
[Link], at a very young age and had always worked towards attaining enough knowledge to take
over the position of his father in the firm as per the wishes of his [Link] after he successfully
completed his MBA from a very prestigious university, he had been actively taking part in the
managerial role of the firm and had continued to work tirelessly to ensure the growth of the business.
Thus when his father (Mr. Rajaram) had insisted on his marriage to the daughter (Ananya) of his best
friend and business partner Mr. Sitaram, although he had specific reservations regarding the marriage
he agreed for the marriage on his father’s insistence. He had believed that while entering into marriage
although as just acquaintances they would come to understand each other and together build a great
life [Link], during the months leading to the marriage he and Mrs Ananya had formed a
good bond and this helped in reducing his reservations regarding the marriage.

Now, I would like my client to state details regarding what transpired during the initial month of their
marriage.

Respondent
I was hesitant to go through with the marriage as I had certain doubts regarding our compatibility, as
we were just acquaintances and did not know each other well. But as we all know that most marriages
in India begin this way. I did not actually object to the marriage because both my father and Sitaram
Uncle, whom I already regarded as family, had a lot of hopes of this marriage being a success. We
became good friends over the course of our courtship of 6 months, and I was optimistic about our
future together.

Soon, Ananya confided in me that she has always wanted to start her own law firm, and wanted to act
on her dream. While I was not opposed to the idea, I did not want to lose what little time we already
got together. I suggested that she take up the job as the new legal head of our business, so that we can
be around each other more. I would never have stopped her if she wanted to go ahead with her desire
to open her own firm; I just wanted her to see that we could be so much happier if we work together.

When she joined our legal team, I felt like everything was falling into the right place. We could meet
each other every day and have lunch and spend time together. But that did not last for long, after some
days of joining the company, suddenly she started to distance herself from me. When I asked her the
reason for this distance, she accused me of manipulating company accounts. I was heartbroken that she
did not have any trust in me and had a heated argument with her. A few days later I came to know that
she has withdrawn 90 lakhs from our joint account, and she won't tell me where that money is. This
caused further rift between us and our family. Thus my main reason to agree to appear for this
mediation is to give a last chance for our relation and mend the rift that was caused between our
families.

SHREE: Now as we see, both parties have clearly stated the reason for their dispute and all their
problems. This is the stage where the mediator shall analyse the problem and identify the issues to be
addressed.

AGENDA
Mediator: Thank you for your statements. Now, let’s move forward with a discussion to understand
the key issues at hand.
Exploration of Issues: I would like to summarize the key concerns raised by both parties:
-Whether the parties want to move forward with the separation, or whether they want to reconcile
their differences and stay together with some adjustments.
-Has the unilateral decision of withdrawal of funds by the wife from the joint account led to concerns
regarding financial transparency, trust and decision-making within the marriage?
-Is the husband's undisclosed misappropriation of company funds and his intention to repay the
amount using the joint account shared with his wife led to concerns regarding financial trust,
transparency, and accountability within the relationship.

●​ The issue regarding the missing funds from the partnership business.
●​ The issue regarding the funds in the joint account between the parties.
●​ The issue regarding whether you want to proceed with a separation, or whether you want to
try and mend your relationship.

Before We discuss the possible solutions, would either of you clarify or like to add anything?

Both parties: No.

Mediator: Now that we have identified the issues, let’s explore the reasons and possible solutions. I
encourage both parties to propose constructive solutions that could be acceptable to both sides. If at
any point you would like a private discussion with me, please let me know, and we can arrange for a
private caucus.

WHAT IS PRIVATE CAUCUS: There are often matters which a party is not comfortable openly
discussing in front of the opposite party. But the mediator needs to know all the facts. Which is why if
there is a deadlock- where the discussion is not progressing, or if the parties request it - the other party
shall leave and the mediator will discuss with just one party.

DISCUSSION, COUNTER STATEMENTS:

Claimant: A while after being appointed as the legal advisor of the partnership firm, it was brought to
my notice that the firm’s funds have been misappropriated, and that a lump sum amount of Rs 70
lakhs had gone missing from the firm’s account. I was baffled by this fact and confronted Arjun
regarding the same so as to know where the said amount had gone. But Arjun grew defensive at my
confrontation, and told me that it was none of my concern- he essentially told me to mind my own
business.

Respondent: I DID NOT SAY TO MIND YOUR OWN BUSINESS, I JUST SAID THAT this is
how business works, sometimes we have to use the funds for a different purpose to earn more profit.
Ananya has never shown any interest in the business for more than 10 years - since her childhood and
even graduation. She has no say in the business decisions. I have never questioned any of the legal
aspects to be followed, then how can she question my business decisions?

Claimant: I am the legal advisor of the firm, it is my job to inspect and understand where the funds
have gone. Arjun cannot question my abilities as a lawyer or stop me from doing my job. A sum of Rs.
70 lakhs is no small amount, and as the legal head of this business, I need to know where the money
has gone.

Respondent: I told you clearly that I will tell you later-you need to trust me when I say that- it was a
business decision. You didn't have the patience to wait for the right time.

Claimant: If the matter was so, then you should not have asked me to join the family business as its
legal advisor in the first place. I was set on my own path, an endeavour to start my own law firm, but it
was on your persistence that I agreed to join the firm.

Respondent: You never said that you have any issue with being a lawyer for the family business.

Claimant: I have always told you that I want to start a law firm of my own! I revealed all my dreams and
aspirations to you. I trusted you. You’ve failed me. You've let me down. Now, stop pretending to be in
the dark. (LITTLE CRYING)

Counsel for Claimant: I would like to apologize on behalf of my client for her unusual conduct. What
my client actually meant was that she had faced a considerable amount of distress and mental agony
due to the unexpected conduct on the part of her husband and therefore seeks answers to resolve the
matter.

Respondent: Stop pretending that you are a saint Ananya! You TOOK ALL THE MONEY FROM
OUR JOINT ACCOUNT WITHOUT MY CONSENT!
Counsel for respondent: What my client meant to state is that Ananya is also not blameless in this
situation as she had emptied the joint bank account without my client's knowledge.

SHREE: As we see matters are getting heated, and the conversation is going nowhere.

PRIVATE CAUCUS
Mediator introduction: It seems that tensions are running high right now, and to help ensure we
continue to move forward constructively, I'd like to suggest that we take a short break and discuss the
matter further separately in private sessions, also known as caucuses. This will give each party the
opportunity to share their concerns confidentially and allow us to explore options more effectively.
Let's start with Ananya, and then I'll meet with Arjun. Thank you for your cooperation.

ARJUN SIDE OUT, PRIVATE CAUCUS OF ANANYA

SHREE: Usually, every mediation session is timed, and such different stages may happen on different
days, but here we are going to do them consecutively, for the want of time.

MEDIATOR-
Take your time and relax.(offers water)
Shall we resume our session?

Claimant:
Thank you for your concern. Yes ma'am.

MEDIATOR-
First of all, I would like to ask you Ananya ,why did you agree to marry Arjun;
Or to rephrase the same, what were the circumstances under which you agreed to get married to Mr
Arjun?

Claimant:
My father has always been hoping for me to get married into a good family and have a happily married
life since I was in my early twenties. But I have always been interested in building my career and focused
on being a successful advocate, which was why I put off marriage for a long time. I also never met
anyone with whom I want to spend my life. Then my father and Rajaram Uncle decided on my
marriage to Arjun. I wanted my father to be happy, and since I did not want to disobey his wishes, I
agreed to the marriage.
We were acquaintances for all our childhood, so I knew that he wasn't a bad guy. I became friends with
Arjun in the 6 months after my marriage was fixed. I started to like spending time with him, and
thought that after marriage we could get along with each other.

MEDIATOR-
Now Ananya, could you tell us about your job aspirations, and the reason why you agreed to join the
family business as its legal advisor.

Claimant (Ananya):
As stated earlier, I have always dreamt of starting up a law firm of my own, but after our marriage, my
husband, Arjun, told me that the firm required a legal head, and that he would be delighted if both of
us could work and run the family business together. We both have extremely demanding professions
and he said the best way for us to spend more time together was if we worked together. Initially, I was a
bit hesitant, but on his persistence, I finally made up my mind to join the firm. But I wouldn't have
agreed if I had known that he would keep such secrets about the business as well as his personal life
from me.

Mediator:
Can you tell us what you expect from this session regarding your relationship?

Ananya:
I want to give Arjun a chance to resolve the issues between us both professional as well as personal and
also hope to seek satisfactory answers from him to my unanswered questions. If he gives a reasonable
explanation behind his behavior, I'm ready to give our marriage a second chance. I personally believe
that he wouldn’t do such a fraudulent act on his own accord. I'm perplexed and I need a reasonable
explanation for his prior conduct.

Mediator:
How did you come to know about the funds missing from the business?

Claimant:
I was going through the accounts of the company, as I had never participated in the family business
before, and wanted to get acquainted with every legal and financial aspect. I was bewildered by the fact
that the misappropriation of the firm's funds was done by none other than my husband, [Link]. To
my shock and surprise, in my confrontation with regard to the same, he chose to remain silent and kept
dodging all my questions altogether. I was left heartbroken at his lack of trust in me.

Mediator:
If you are comfortable telling me, Why did you take the money from your joint account without his
consent?

Claimant:
One of my dear friends, who works at the same bank that our joint account is in, revealed that she had
overheard Arjun's enquiries on how to withdraw money from a joint account. Out of rage and
disappointment, I immediately transferred all the gift amount from our joint account to my personal
account. This was purely done to avoid him from redirecting the said amount for his sole purpose and
there were no other malafide intentions behind it.

Mediator:
Can you tell us what you did with the money?

Claimant:
Though initially I had discussed the same with my Husband, Mr. Arjun and had planned to invest a
part of the gift amount towards setting up my own law firm,later after learning the truth regarding my
husband’s hidden agenda to redirect the same for his own personal endeavour without my consent, I
planned to transfer the entire amount first and then later decide as to what can be done with same later
on. The said gift amount is currently in my safe custody. I haven't spent any amount out of it and I
plan to keep it in my safe custody until the dispute between us is resolved.

Mediator:
So, in case the dispute between the two of you gets resolved, are you willing to return the said amount?

*( Discusses with her counsel)

Counsel for Claimant:
My client is willing to return 50% i.e. Rs 45 Lakhs of the said gift amount of Rs 90 Lakhs to Mr Arjun,
in case the dispute between them gets resolved.

Mediator: Okay Ananya, are you comfortable with disclosing all this information to your husband?
*( After a small discussion with her counsel)
Counsel for Claimant: Yes ma'am, you may disclose all the facts that my client has revealed here in this
session.

Mediator:Thank you for sharing your thoughts and concerns. I appreciate your openness. I’ll now take
some time to speak privately with the other party to hear their perspective as well. Please wait outside,
and I’ll call you back in once I’ve had the chance to speak with them. If you have any other thoughts in
the meantime, feel free to note them down so we can revisit them later.

*ARJUN PRIVATE CAUCUS

Mediator:
Why did you marry Ananya, when you were reluctant?
Respondent: Although I was reluctant to marry her initially, I formed a good bond with her during the
6 months leading up to the marriage. I felt this bond would grow stronger and we would live a happy
and fulfilling life after the marriage.

Mediator: Did Ananya join the firm as legal advisor of her own accord?
I had put forward the idea of her joining our firm, when she informed me about her wish to form her
law firm. I felt that if she joined the business, it would be similar to having an independent practice as
she would have full control over the firm's legal department. Further having her as the legal head we
can be assured the confidential matters of the firm will be in safe hands. Although she was reluctant at
first regarding this proposal, she agreed voluntarily.

Mediator: You say that Ananya started to shut-down and distant, what happened?
RESPONDENT: After a few days of joining the firm, she started coming home late and avoiding any
conversation with [Link] I tried to talk to her, she was dismissive and got frustrated. She never
mentioned clearly what was wrong; instead, she started accusing me of keeping secrets and stated that I
did not trust [Link], finally, she revealed that she knew about the financial discrepancies and accused
me of misappropriating funds.

Mediator: Can you disclose where you spent the money??

ARJUN HESITANT
Mediator: Disclosure is necessary for the mediator
Arjun: Our business uses traditional marketing methods, but that is not sufficient in todays market.
We are heading towards losses- the business is not doing as well as it used to do. The only way to
protect our business is to move to an online mode. But our fathers did not agree with me. I had used
the funds to start an ecommerce business for the firm. I went forward hoping that when the business
succeeds i will be able to convince them both and merge the business. Further I had believed i would
be able to pay back the funds i took before anybody else noticed, when my ecommerce business gains
some profits and from some of my gains from other investments I had made with my [Link]
unfortunately the business went into loss and I had to use the investment into business to make good
of the losses suffered.

MEDIATOR-So how did you realise the money was withdrawn from the Joint account
ARJUN-I came to know about that when I received the message that the amount was withdrawn from
my account.I was completely shocked and was panicked that some fraud had happened. But when I
called the bank and enquired about it , I learned that Ananya had made the withdrawal herself. She
refused to give a straightforward answer whe I asked her. This caused our last fight which has led us
here.

Mediator- So as you have mentioned you had taken the funds from the firms fund, did you have the
authority to make such appropriation of funds?

Counsel of R: No Mam, although my client had managerial authority in the firm he did not have the
independent authority to appropriate the funds. But he had moved forward with the plan believing
that if he did not take this step now it will affect the firm and he felt like his father and father-in-law
will only understand the importance of an ecommerce branch for the firm if they see the results. As
they were still not ready for changes needed according to change in the business environment.

Mediator
So do you wish to keep the matters disclosed in this session private or can i disclose the matter to
[Link]
Counsel of R: My client wishes to keep the information regarding the loss in his business secret and he
does not have any objections on revealing any other facts disclosed in the session.

Mediator:I would like to inform [Link] that keeping such matters confidential may cause future
complications.
Arjun:
I wish to keep this matter confidential, as I am sure the issue regarding my business can be resolved very
shortly and I don't think it will become an issue.
Mediator:Thank you for sharing your perspective with me. I appreciate your honesty and the
information you've provided. I’m now going to bring both parties back together to continue the joint
session and work toward finding common ground. Please take a moment to gather your thoughts, and
I’ll invite the other party back in shortly( Concluding the private caucus)

DISCUSSION AFTER PRIVATE CAUCUS

Mediator: ( Conclusion of private caucuses) So, through the private caucus we have gained clarity on
several matters and the parties were able to articulate their needs better.

SHREE: This is the point where the mediator reveals all the facts discussed in the caucus. The parties
talkk and try to solve their problems. The parties will then put forward their offers.

Counsel for Claimant :

After giving it a thorough thought, My client, Mrs Ananya have decided to settle this matter by
returning the other half of the said amount ie. Rs. 35 Lakhs to Mr. Arjun, but on certain terms and
conditions. If he is willing to accept the said terms and conditions, my client shall gladly return him
half the amount as well as give their marriage a second chance.
Now, I would like to call upon my client to state the same.

Claimant:
I believe that every person learns from his or her past actions and deserves a second chance to do things
right. Therefore, I would like to give my husband a second chance by trusting him to do things right
this time. I expect him to be able to trust me and to open up with his thoughts and feelings to me and
accept and acknowledge me wholeheartedly as his wife. Lastly, I would like to inform you that I shall be
voluntarily resigning from the post of the legal advisor of the partnership firm and would like to pursue
my dream of setting up a law firm of my own. It's my sincere request to my husband to support me and
my future endeavors. If so, then I shall gladly return the said amount to him as promised.

Mediator:
Mr Arjun, Are you willing to accept the terms and conditions put forth by Mrs Ananya?
(*discussion between client and counsel)
Arjun: I would also like to give our marriage a second chance as it has been clear to me Ananya’s actions
were purely done out of her feelings of hurt and mistrust caused due to my failure to communicate
with her openly.I was just waiting for the right chance to reveal the matter as the business is currently
work in progress [Link] I would also like to state I am deeply sorry for pressuring her to join the
company and I promise that I will support her decision to quit the company .I never wanted to make
her feel I will not support her dreams. So in the future I will try to communicate better and also ensure
I do not make her feel disrespected .I would also like to request in the future that Ananya not take such
drastic measure without discussing the matter with me and to have some trust that iI will not use our
money for anything other than for betterment of our future. I would also like for us to work together
to build the lost trust together.

Counsel of Respondent:
So as my client stated he is happy to agree to follow through the conditions put forward by Mrs
[Link] would also like to put forward a request that both of them attend counselling to improve
and strengthen their relationship. As this would also provide for an opportunity for them to
understand the personal issues and work towards resolving it.

Mediator:
Mrs Ananya, Are you willing to accept the terms put forth by Mr Arjun?
*( Discussion between Claimant and her Counsel)
Counsel for Claimant:
My client is willing to accept the request for a counseling session put forth by Mr. Arjun. My client is
also willing to accept the terms and conditions put forth by Mr Arjun.

Mediator: Agreement and conclusion: Based on our discussion, it seems like we are moving towards a
resolution on the following terms:
-That Ananya(the claimant) has agreed to return 50% of the money withdrawn by her.
-That the respondent shall not compel the claimant to join the family business.
-The respondent shall support the claimant with her business and be mindful of her emotions.
- That the claimant is requested to not make any rash decisions.
-That both the parties are requested to initiate and encourage communication between them and
ensure there is no room for misunderstanding.
-That both the parties have agreed to undergo counseling to solve more complex and personal issues.

If the parties agree with these terms, we will document the agreement, and I encourage you to uphold
it in good faith. Thankyou both for your cooperation in this mediation process.

CLOSING REMARKS: I appreciate the efforts both of you have put into to resolve this matter
amicably. Mediation is about finding common ground, and today you have taken a significant step for
resolution. I wish you both the best moving forward.