Meerza Zaheer, Senior Associate, SoftSettle
Support
This relevant case report explains
the principal issues, benefits, and concerns in holding a mediation using “Mediator
Affair”, the online platform, including various practical, technical, and
strategic considerations.
The significance of diagnosis of
the case follows by analytical study and assessment of the interests are well
coordinated and managed by the online platform “Mediator Affair” along with the
skills of expert mediators.
The case is absolutely a business
to be dissected, analysed and the interests of the stubborn and reasonable
members to be evaluated and considered to an extent where an outcome which
never injure the members’ emotions and sentiments or attitudes. The sensational
issue being taken in such manner so as to build the confidence among the
members or the parties. Further the case has to be decided in accordance with
the Sharia, Law of inheritance as envisaged in Holy Quran.
Again to reiterate, this is supposed to be the most
challenging case accepted by the Mediators of AMA, working under the Centre for
Settlement Support and further the texture of the case attained its
significance so far as MEDIATOR AFFAIR managed it.
The
inheritance issue encountered by a joint Muslim family consisting of five
brothers and two sisters reflects an emotional and sensitive dispute. Sisters
have relinquished their share for the betterment of their brothers for their
betterment shows their noble gesture. The brothers took the baton of the
business inherited from their father and within a span of 25 to 30 years they
built an empire. They got textiles business as well as hotel business. The
partition was delayed even after their mother’s demise. When the elder brother
reached the age of 65, prior to his youngest brother’s death the partition
talks began and it reached its zenith after the demise of the above mentioned
elder brother.
The
dispute among the successors took its original shape and a resolution was
suggested by a religious leader of their community. But it was futile so far as
the most of the successors did not agree with those suggestions. Then the task
to settle the case being assigned to CSS to be tried through the online
platform MEDIATOR AFFAIR (www.odrsupport.com)
The
Mediation process witnessed a scene of high voltage drama and Mediators
(Mediator and Co-Mediator) jointly could hardly work on a solution that would
please everybody. But they understood that whatever they have extracted from
these members in the form of interests are the underlying factors upon which a
solution could be worked out.
The procedural options designed in the online platform “Mediator Affair”, truly supported the Mediators and the parties in resolving the emotive episodes in a comfortable and convincing manner. The obstinacy of certain members could have made the situation worse for mediators had the online platform not extending facilitations to ease the tensions and extract the interests of them rather than their positions.
The
deliberations in the process and procedural options generated by the ‘Mediator
Affair’ encouraged the Mediators to come forward with more and more suggestions
that could facilitate the parties to generate different options and most favourable
and practical options were taken into account and on the basis of those,
finally an agreement was mooted jointly by them in the presence of the Mediators.
The beauty of the outcome of this
mediation lies with the respective parties’ (so far as they are supposed to be
the decision taking parties because of the application of scientific mediation) attitude to put off the
partition talks till their business institutions are all in tact to realise
income. (So far their Hotel Business is in a dormant stage not at all in a
position to yield income at the time of this mediation).
The online platform Mediator
Affair is bent on assisting the parties in such a way where it could serve
them:
- Joint Meetings
with all parties/participants
- Private
Meetings or Caucus and “Shuttle Diplomacy” using Mediator Affair powered Breakout
Rooms.
- Share and
Annotate information (e.g. documents, pictures, videos)
- The simplest form of designed procedural options
Hence a complicated or complex case could be resolved effortlessly and that
too within days at reasonable cost with the help
of online platform “Mediator Affair” against the expensive and time delaying
court litigation.
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