Mediation Problem no.

11

Neighbour Raghav would often approach Suveer about the noise created by
playing loud music and mess that kept on appearing on his front garden. Raghav
would always try to resolve by having a word with Suveer and for a few months
everything would be back to normal. But no sooner Suveer would again
resume to his old ways of putting on loud music and littering the mess. This
state of affairs continued for 3-4 years.

On one particular weekend Suveer had a party at his home and the noise
created by loud music, fun and frolic was quite unbearable to other neighbours
including Raghav . Moreover the mess left behind was much more than before
which damaged some of the plants of Raghav.

Without thinking nor acting or approaching Suveer as he usually would do,

Raghav went and banged on Suveer’s door and used some foul language.

Ever since that incident the noise and mess was constant and unbearable,
whereby neither neighbour would talk to or even acknowledge the other. The
only communication left between the two was in the form of arguments, and
quarrels etc. disturbing the tranquillity of the neighbourhood. Some of the
concerned neighbours suggested the two to sort out the matter through
mediation.

Mediation Problem No. 12

Rajshree was named in the last will of her late mother whereby all assets, with a
value of approximately Rs. 50 Lakhs. went to her. Another son (Aniket) of the
deceased mother (who would have benefited under earlier wills and codicils)
claimed that their late mother lacked testamentary capacity at the time of that
last will due to dementia and impaired mental faculties, and therefore the
previous will which benefited him more or less equally should stand.

It was alleged by Aniket that Rajshree had induced their mother into making
and signing another (last) will. Both the parties blamed each other, alleging
fraudulent activity, stealing of items, distrust etc. Apparently over the years
both the children were given loans in cash for various things they wanted and
required, which they repaid back. Items of furniture and jewellery had also been
taken at some points by the siblings.

Although in a nursing home at the time of her death, reports from the late
mother’s physician showed that she was fully aware of what she was doing, the
issue then turned to whether she had been coerced under the duress of Rajshree
to make the new will. With little if any evidence to prove either way why this
new will had been created, both the parties were contemplating litigation to
enforce their claims.

Mediation Problem No. 13

The Koral contractors were reputed and had big name in the world of real
estate. They were experienced, very professional and competent and had done
work for the Negi family earlier also without issue. The Negis wanted to carry
out extensive renovation work in their joint house.

There was no written contract prior to the commencement of the renovation

work. The scope of work had been verbally agreed to. The work was
completed, with mutual consent, while the Negi family was out-of-town.

The Negi family upon returning back to their house found the renovation work
carried out by the contractors quiet satisfactory barring the quality of flooring
material used in the house which they found to be quite substandard. Thus they
disputed the contractor’s invoice presented before them, and refused to pay.
Communications had broken down, and their differences seemed irreconcilable.
The parties opted for mediation. The parties provided the mediator with
relevant documents, to the dispute.

Mediation Problem no. 14

Mridul and Jaya had been separated for 6 months when they came to
mediation. Things had not been easy for anyone since the breakdown of the
marriage but arguments about the children had got increasingly worse. Both
Mridul and Jaya had very aggressive personalities. Mridul felt that Jaya was
deliberately distancing him from the children. He was frustrated that Jaya
dictated when he could see the children. He knew that the children wanted to
spend more time with him. Jaya felt that Mridul was attempting to control her
life and that of the children's. Jaya on certain occasions also frustrated Mridul’s
attempts to meet the children in the school. She was frustrated that he didn't
understand that expecting to see the children whenever it suited him was
disruptive for them all.

Mediation Problem No. 15

Gayatri, the wife of a police officer is in a distraught condition. Hers was an

arranged marriage and within a month of her marriage, she was being harassed
by her husband Ramakant and in-laws her for dowry. Thereafter, within a few
days she also came to know that her husband was married earlier and marriage
is valid and subsisting. She was shocked by this as prior to marriage, she was
informed that her husband was a divorcee. Gayatri bore all the harassment
silently. She was afraid even file a police complaint since the husband himself
was a police officer and could use adverse influence. Finally she was thrown
out of the matrimonial home. At that time, she approached a woman's
organization for their intervention, but all her efforts were futile, as her husband
being a police officer refused to respond to the request of the said organisation
to arrive at a settlement.