SCRIPT FOR MEDIATION
Hello everyone. First of all, I welcome you to your first mediation session and I appreciate
that each of you have agreed to come up with a non-adverse resolution by opting for
mediation
My name is….. I will be mediating the present matter. I little introduction about myself, I
have been a part of the legal fraternity and have been mediating cases for the past many
years. I am always the most neutral and impartial person in the room when acting as a
mediator. Consequently, in this matter, I will strive to be unbiased, transparent and direct
throughout our meeting.
It is important that you all are aware of the mediation process and therefore in the very
beginning itself, I’ll walk you all through it once. So, mediation has a few different stages.
First, after my statement, I would ask each of you to explain the concerns as perceived. We
can then move on to identify the issues and interests of both the parties to come to an agenda
for the meeting. If needed, we can then hold Caucus Sessions in which, through private
meetings in which we can clarify our concerns and questions. Any kind of information in the
caucus is confidential as well until and unless you decide to disclose it with the other party. (I
may ask for your permission if I believe that certain information will help move the process
to resolution) Then we shall again hold a joint session to find the possible terms and
conditions to reach an agreement and finalize the same. I want to make it very clear that both
the parties are at complete liberty as the whole process is completely voluntary and each of
you can refrain from moving further at any point of time due to any issue, which if you
wouldn’t like is not needed to be disclosed even.
Mediation’s purpose is to open a channel of communication and provide a medium for the
same in the hope that you both amicably reach a solution by resolving the disputes that have
emerged, in our present case, the alleged discharge of waste by one party indirectly affecting
land and occupational rights of one party.
Let me clarify that my role over here is only to oversee the communication among you to and
ensure that no disrespectful or hurtful statements are made, which would only worsen the
current issues. As each of you have decided and have the willingness to reach an amicable
solution between yourselves, I will only be facilitating a dialogue between you two. It is
important that you know that the details of or remarks made in the whole meeting and
everything discussed herein shall be kept confidential at all times after the meeting. We shall
