Case Study: Varenya group, was a well-known group in Kerala dealing in gold, diamond jewellery and related products. The group was founded by Vipul Varenya, who had three children, Vardhan, Viraj and Veena. All his child

CS Professional · Arbitration, Mediation and Conciliation · PYQS · June 2024
Case Study: Varenya group, was a well-known group in Kerala dealing in gold, diamond jewellery and related products. The group was founded by Vipul Varenya, who had three children, Vardhan, Viraj and Veena. All his children were well educated and gradually, Vipul handed over the businesses to his children and enjoyed retirement life. However, he was always available for any advice, but refrained from interfering in the business matters. Vardhan, being the eldest one had a different attitude. He wanted things to happend his way and was very ambitious. On the contrary, Viraj was calmer and believed in expanding the business gradually. Veena was supportive of her brothers and always gave them suggestions when needed. However, all was not well within the family. There seemed to be a cold war between the brothers and Veena was troubled with this. It was no more a happy family. With Vardhan intending to reorganize the companies and expand the business to US and South Asia, there was a conflict between the brothers. Situation was such that both the brothers could not stand each other. Veena was very concerned and discussed the same with her father. Vipul, was thinking if the property/business needs to be distributed between his children to avoid further conflicts. He consulted his close friend and confidante Har, a Company Secretary and Senior Partner of Har & Co. LLP, Company Secretaries. Har was known to all the members of Varenya family and they trusted him for his insights. Veena wanted to appoint Har to mediate the issue between Vardhan and Viraj. Vipul, was also in agreement with Veena's proposal. However, he was unsure if the mediation settlement so concluded would hold validity in Court of law, considering the conflict between Vardhan and Viraj. In this background, answer the following: Indicate the key ethical principles, which Har should adhere to as a mediator.

Answer & Explanation:

Mediators are expected to adhere to a set of ethical principles in order to maintain their impartiality and promote fairness in the mediation process. Some of the key ethical principles for mediators include: Impartiality: Mediators should remain neutral and not take sides in the dispute. They should treat all parties fairly and ensure that each party has an equal opportunity to be heard. Disclosure: Conflict related to the matter in dispute, parties, counsels or with the outcome of the Mediation, shall be disclosed. Confidentiality: Mediators should keep all information related to the mediation process confidential, unless required by law or with the explicit consent of the parties involved. Informed Consent: Mediators should ensure that all parties understand the mediation process and voluntarily agree to participate. Competence: Mediators should possess the necessary skills and knowledge to facilitate the mediation process effectively. Conflict of Interest: Mediators should disclose any conflicts of interest and recuse themselves from the process if they have a personal or professional relationship with one of the parties involved. Respect: Mediators should treat all parties with respect and dignity, and create an environment that is conducive to open communication and productive problem-solving. Professionalism: Mediators should conduct themselves in a professional manner at all times, and avoid any behavior that could undermine the integrity of the mediation process. The above mentioned key ethical principles, Har should adhere to as a Mediator.

Topics: Mediation and Conciliation

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