[0:07]Hello everyone and welcome back to our channel. In our previous videos, we demonstrated in little segments as to how mediation session works.
[0:16]In this video, we will be demonstrating a complete mediation session. Hope you enjoy this video.
[1:31]Afternoon. I would like to welcome both the parties to this mediation session. My name is Chansu Chaturvedi and this is my co-mediator Hannah Fatima. We would like to thank both the parties for appointing us as the mediators for this session.
[1:46]I would just like to state that we both are certified mediators from Bangalore mediation center and we both have over 10 years of experience in mediation. The parties can feel free to address us by our first name and now I request the parties and their councils to introduce themselves.
[1:59]Uh good afternoon, everyone. My name is Benjo, and I'm a council for Ramesh Lal here. I am here on, I do not have any authority position to take decisions on on behalf of my client, but I'm here on an advisory capacity.
[2:10]Uh, good afternoon, everyone. My name is Ramesh Lal.
[2:14]Uh, good afternoon, everyone. My name is Nimith. In this mediation session, I'll be representing my client Manoj.
[2:20]Good afternoon. I am Manoj and I am here on behalf of Deepak Lal and Co.
[2:25]Thank you, parties. Is it all right if I address both the parties by their first name? Yes, Yes. All right. So before we move further, I would like to congratulate both the parties for decided to amicably settle their dispute through mediation for being its a voluntary, confidential and mutual mechanism to settle any dispute.
[2:41]I commend both the parties for choosing this forum, rather than choosing litigation which might have escalated the issue. So I would just like to clarify whether the parties present at this mediation session have the authority and the part to take any decision on behalf of the organization. Yes, Yes. All right.
[2:58]Uh, now I would just like to know from the parties if it's their first time participating in mediation session. Yes, Yes. All right.
[3:07]So as mediators, it is our duty to explain the entire procedure that we will be following throughout the session.
[3:13]All right. So as already said that mediation is a completely voluntary proceeding, right? So in which the parties will not be forced to agree to any settlement, which you are not comfortable with.
[3:26]The process will start with opening statements by both the parties, on the basis of that opening statements, we the mediators will form a certain agenda. Agenda is nothing, but the flow of the discussion basically.
[3:37]Now, if the parties want, they can add or remove anything from the agenda and they can inform the mediators and we shall oblige with the same.
[3:45]Now, if the parties come to a deadlock, where wherein, they are unable to discuss the further issue, uh, we will call for a private caucus.
[3:54]Now, a private caucus is nothing but a private session that the mediators have with each of the parties.
[4:00]Anything disclosed in this private caucus is completely confidential and will be shared to the other party only if the party in the caucus allows us to do so. And we hope that after such private session, the deadlock will be cleared and the discussion can be moved forward.
[4:17]Uh, one more thing the parties need to know about mediation is that it is informal and a confidential process. And anything that happens in the session shall not be disclosed to the outside world.
[4:27]So as far as our role, mediator is concerned, our job is just to facilitate the entire process in the sense that we will interfere, ask questions, seek clarifications with the intention to help the parties proceed towards the settlement.
[4:41]We shall not act as a judge or pass any legal remark that would influence your decision and we would remain neutral throughout the session.
[4:50]Despite being the informal process, we will be setting up a few ground rules that must be followed throughout the session.
[4:57]Are the parties clear? Yes, Yes. All right. All right. Now, coming to the ground rules of this session, I would just like to say state that we have been allotted 30 minutes for this mediation session.
[5:08]And I would request and ask the parties to make the most out of these 30 minutes. The another thing which is to be kept in mind is that the parties are requested to maintain the decorum of the session and avoid the use of any sort of unparliamentary language here.
[5:24]Parties shall be respectful towards each other and give equal opportunity to the other party whenever the time is.
[5:33]The parties can themselves also call for a private caucus if they think so that they want to talk to the mediators privately and they have reached a deadlock. Uh, so if the parties are clear with the ground rules. Yes, Yes.
[5:47]Great. So now I would request Ramesh Lal and his counselor to begin with their opening statements.
[5:51]Firstly, I'd like to thank the mediators for explaining the ground rules ground rules so perfectly and helping us throughout the process of mediation. Secondly, I'd also like to thank Deepak Lal and Co for taking time out of their schedule to be a part of this mediation and showing that you're ready to cooperate with us.
[6:06]Uh what I'd like to mainly say is that this is an issue that has blown out of hand for a for many reasons and we believe that not only on a professional level has feelings been hurt but even on a personal level. At the end of the day this is a family business and we do not want any uh feelings to get hurt or any bad blood to happen throughout the process.
[6:26]So our main aim in this mediation is to fix whatever issue we have, talk through it and find a fruitful solution for both parties so that we again can go through a family business and have a peaceful family time together.
[6:36]And now I'd like my counsel to explain about explain the situation.
[6:40]Thank you so much, counsel. Uh, as I've said, my name is Ramesh Lal. Firstly, I would like to thank the mediators for bringing us with the process of mediation. Also, I would like to thank Deepak Lal and Co for agreeing to attend this mediation to sort out the differences between us.
[6:53]As you all know that Deepak Lal and Co is a family business that was started by my brothers, whereas I was involved in a transportation business from of materials that was coming from Bombay Mill to Hyderabad.
[7:03]Now with the income that I've earned in the transportation business, I've purchased a three floor building. So that my brothers and I could live together.
[7:12]The same building was later mortgaged to the bank so that they Deepak Lal and company could avail a loan. Now later, in order to expand the business, they have taken the loan and then later the company has been running into losses.
[7:25]Now to cover up for the losses, they my brothers, they have planned to sell the three building three floor building that I have purchased. But since I have I've solely purchased the building, I was not ready for it and instead, I suggested that they go for for selling the family property. To which my brothers did not comply.
[7:44]So by the end of this mediation session, I hope that we reach a, you know, mutually beneficial decision. Thank you.
[7:49]Good afternoon, everyone. I'm Nimit. First of all, I would like to begin by thanking mediators for laying down the procedure thoroughly. I'll also thank Ramesh Lal and Co for agreeing to this mediation session and inviting us here.
[8:04]And then we appreciate his efforts for trying to resolve this matter amicably. And we also hope that at the end of this mediation session, we'll be reaching to a favorable settlement. Now, I'd like my client to continue.
[8:14]Uh, thank you. Uh, firstly, I would like to thank the mediators for wonderfully explaining the whole process of mediation. Also, I would like to extend my gratitude to my brother Ramesh as well as his counsel.
[8:27]Uh, so as you all might have known, my brothers and I started the business of Deepak Lal and Co. So basically, it is a clothing business. As to expand the business, we took a loan from the bank by mortgaging my brother's building, which my brother was completely against.
[8:51]He suggested that we should be selling the family property instead, which me and my brothers are not willing to. So by the end of the session, I really hope that we come to an agreement regarding the loan and also that our relationship is alive for more years to come.
[9:11]I would like to thank both the parties for giving their opening statements. So based on these opening statements, I believe that there is only one significant agenda is whether to sell the mortgaged property or sell the family property to clear the debt. So our both the parties fine with the agenda? Yes, Yes.
[9:28]Yes. All right. The parties shall begin with the discussion.
[9:32]Thank you, mediator, for setting the agenda. I feel that it is not reasonable to ask my client and partner to sell their house because it is the only thing that they have as security. Selling this house to clear the debt will result the result in such situation wherein my client and partners will not have anything as security for their family as well as businesses. So we cannot let go of this property.
[9:51]Uh, so while I understand your concerns, I request you to understand that our positions aren't that different. The building that we're talking about here, that belongs to me and that building acts as my security as well.
[10:03]So going forward in my business like in my transportation business in case of any financial troubles I may face in the future, I will choose this building as my security.
[10:12]All right. So, uh, let me understand this. Deepak Lal and Co does not wish to sell the family property because it works as a security for their future. Similarly, Ramesh Lal also has the same point of view where the property would act as his security for his future.
[10:29]Is my understanding right? Yes, Yes. You may proceed. All right. Adding to what my client just stated, the money used for expanding the business of Deepak Lal and Co was from the mortgage of the building of my client, which he built through his own transpiration business and without the help of his brothers.
[10:43]And therefore it is important to understand that all the stakes involved are for my client and it is important for him that this money is paid off to the bank and so the mortgage does not become an issue for my client.
[12:17]So therefore when you really look at it, we're not really different in this particular situation but more similar than different.
[12:22]I apologize for the interruption. I see the parties have reached a deadlock. I believe this is the right moment to call for a private caucus session. We would request Deepak Lal and Co to please leave the session so that we can proceed with the private caucus session with Ramesh Lal.
[12:44]Before we begin the session, I would just like to post a question before the client and the counsel. How do you think the session is going on so far?
[12:50]Yes, I feel so far the session is going all right.
[12:54]Is there anything else you would like to add? Herein I would also like to remind you that anything shared in this session shall not be disclosed to the outside world.
[13:03]As my counsel has already said, since both the parties aren't that different from one another. I feel we can work things out if Manoj agrees to sell the family property and then use my share of the property to clear the loan and as well as the expenses incurred by the other brothers of Manoj for renovating the property.
[13:44]Now those expenses shall be divided between the four brothers and and those will be later reimbursed by me and Manoj.
[13:49]All right. Thank you, party. We now request you to leave the session so that we can proceed with the private caucus with Deepak Lal.
[13:55]So how do you think the session is going till now? It's going great, mediator.
[14:00]Okay. So Ramesh Lal and his counselor have requested me to disclose the proposal that they offered in their caucus, which is to sell the family property and use his share of the property to clear the loan and out of that share itself, he will also reimburse for the renovation expenses.
[14:21]I really appreciate the offer and also I understand that if our family property is sold off, we can decide that my brother Ramesh's building. But the question here is regarding the finances.
[14:35]And I would also like to remind you that two of my brothers have spent a lot from their savings for renovating the family property building.
[14:43]All right. So is there anything else you want to add?
[14:46]No, mediator. Okay. So before we resume to the joint session, I would just like to remind the parties that this session is completely confidential and the any information which you have told me us in this session shall not be disclosed to the other party, unless you authorize us to do so.
[15:01]So am I at the liberty to disclose this to Ramesh Lal's counsel? Yes. Thank you so much, parties. That was a fruitful caucus session. Uh, so since both the parties have agreed to reveal whatever has been discussed in the private caucus session, it may be summed up from the discussion that Mr. Ramesh is willing to sell the family property and use his share to clear the loan and reimburse the renovation expenses.
[15:27]And as a counter offer, Mr. Deepak is not willing to lose out on the security in the form of family house for the future.
[15:35]So do both the parties agree to what had been discussed in the private caucus session? Yes, Yes. Now, I request the parties to continue further.
[15:42]So I will request Deepak Lal and Company to take some time and think about the proposal we made, as it would help both of us to continue our businesses without any hindrances from now on.
[15:52]I hope my brother understands our the situation we are put in. If the family property is sold off, we do not have a place to reside.
[16:00]In this situation, I put forth a condition under which my client will be willing to take this offer. That is that my client and his partner will be staying in the house as tenants for six months and in the meantime, they'll look for the look for the houses in which they can stay.
[16:14]I believe the counter offer proposed by Deepak Lal and Co is a fair one and my client will be willing to accept it. However, it is important to note the rental agreement in this particular instance. We believe that rupees 15,000 per month needs to be paid by the particular clients living in the building.
[16:29]We feel that the rent of 15,000 rupees is very high taking into consideration the situation in which my client and his partner are in. And then I do think my partners will be able to afford it.
[16:38]So at this point, the minimum rent we can put forward is 12,000, which I think is pretty reasonable given the standard of living and profits made from the businesses.
[16:48]Uh, now would Deepak Lal and Co be willing to take up this counter offer? Yes, I think the offer is fair enough and we are willing to go ahead with it.
[16:56]All right. So seeing that we have reached an agreement, I would just like to take this opportunity to lay down what has been decided.
[17:04]As decided, Mr. Manoj and his brothers are willing to sell the family property and use the share of Mr. Ramesh to pay the loan amount and reimburse the other two brothers for the renovation expenses.
[17:16]Moreover, Mr. Ramesh has agreed to allow Mr. Manoj and his brothers to live with him in the building for a period of six months as tenants for the sum of rupees 10,000, which should give them enough time to find another suitable residential property.
[17:32]Now, I would request both the parties to give their closing statements.
[17:35]Firstly, I'd like to thank the mediators for guiding us throughout this process and helping us find a fruitful solution. I would like to thank Deepak Lal and Co as well as the counselor for perfectly being accommodating to our needs and finding a favorable solution.
[17:50]Firstly, I would like to thank the mediators for helping us reach this mutually beneficial decision. Also, I would like to take this opportunity to thank Deepak Lal and Company for taking their time and agreeing to do this mediation session and also in settling this dispute in a peaceful manner. I wish all the best to Deepak Lal and Company. Thank you.
[18:07]Thank you, mediators for mediating the session wonderfully and I will also like to thank Ramesh Lal and his counsel for being open and engaging. Firstly, thank you, mediators for mediating the session wonderfully. Also, I would like to thank Mr. Ramesh and his counsel for being very engaging throughout the session and showing interest to keep the relationship alive.
[18:27]Thank you, parties for the closing statements. Based on what is decided today, I will be creating an agreement, which shall be signed by both the parties. And the same shall be binding upon them. Thank you so much everyone for your time. It has been a wonderful mediation session and I wish both the parties all the best for their future.
[18:53]Thank you for watching this video. We hope that you have understood the nuances of mediation. Also, to know more about any particular segment in mediation, do watch our mediation playlist.
[19:05]In our upcoming videos, we will be discussing about negotiation as an ADR technique. Do like, share and subscribe to center for ADR. Also, if you have any queries, please write to us in the comments below. Until the next video, stay tuned to Center for ADR. Thank you.
