MEDIATIO

N
 INDEX

STATEMENT OF PROBLEM…………………………………….

ROLE DIVISION…………………………………………………

OPENING STATEMENT………………………………………..

JOINT SESSION………..………………………………………..

CLOSING STATEMENT………………………………………….

MEDIATION SETTLEMENT………………………………………
 STATEMENT OF PROBLEM.

Mr. Xander, involved in the horse trade and related services, faced a significant
issue when his horsebox was involved in a non-fault accident in August 2021.
Given the rarity and high cost of specialist horseboxes at the time, repairs took
several weeks and were covered by his insurer, WeShieldYou Insurance
Company, which also provided a replacement horsebox for the interim.
WeShieldYou managed the repair and hire costs fully, as the repairs were
necessary and approved by them. Upon completion, Mr. Xander’s horsebox was
returned, and all related expenses were paid by the insurance company. In
November 2021, WeShieldYou sought reimbursement from IronArmour
Insurance Company, the insurer of the party at fault. IronArmour disputed the
claim, alleging that the costs were excessive and that a cheaper replacement
could have been sourced. They also questioned the length of the repairs and the
benefit of a newer vehicle for an extended period. However, it was determined
that at the time of the accident, suitable horseboxes were extremely scarce, and
the only available option was costly. Additionally, the alternative, less
expensive horseboxes suggested by IronArmour were only available around
April 2023. After three and a half years of unresolved dispute, the court
recommended mediation between the insurance companies to resolve the
matter.
 ROLE DIVISION.

1. Mediators.

Mediator chosen by claimant – Nandana R.

Mediator chosen by respondent – Leya P.S.

2. Claimant.
Party - We Shield You Insurance Co.
Advocate – Rohith S.
Client – Jai Kishan Takur.

3. Respondent.

Party - Iron Armour Insurance Co.

Advocate – Rajalakshmi R.
Client – S A Malavika.

Total Time for Session: 10 Minutes

 We Shield You 10th Avenue,
WXY
Insurance Co Building, DEF –
601010
Contact:

82xxxxxx18

APPOINTMENT OF MEDIATOR

05.06.2024
To,
Ms. Nandana R
SN Building, 2nd
Cross, SR Layout,
DEF - 601020

Subject: Notice of Appointment of Mediators

Dear Ms. Nandana,

We hope this letter finds you well. As part of our ongoing efforts to resolve the
current dispute amicably and efficiently, we are pleased to inform you that you are appointed
as one of the mediators who will facilitate the mediation process. Your Co mediator will be a
person chosen by the Respondent side

Details of the Dispute:

Parties Involved: We shield You Insurance CO. (Claimant) and Iron
Armour Insurance Co. (Respondent)

Nature of Dispute: The dispute is in regard to the reimbursement money of an

accident resulting in the damage and repair of the Horsebox of the Client of our Insurance
Co. The Client of the Respondent is liable for the reimbursement of the total cost of the repair
and hire to the Co.

The mediation is scheduled to be conducted on 05.07.24 in Bangalore, PQR. Your Co

mediator appointed by the Respondent is Ms. Leya P S.
We believe that mediation is a constructive way to resolve our differences and reach a
mutually agreeable solution. We kindly request your cooperation in this process and
encourage open and honest communication during the sessions.
Please confirm your acceptance of the appointed mediator by 25.06.24, and inform us
of any preferences or concerns you might have regarding the mediation process.

Thank You
Sincerely,

Representative
We Shield You Insurance Co.
 Opening Statements

Mediators
The Mediators of the session chosen by the parties Ms. Nandana R and Ms. Leya P S
(hereafter referred as “Mediators”) began the session by introducing themselves and
thanking both the parties for choosing mediation as the mode of dispute resolution. The
Mediators also state the confidentiality placed within them and the parties regarding all the
matters that is to be discussed during the mediation session.

Then further on the parties were informed about the ground rules to be followed in the
entire session which were:

1. To openly communicate and suggest, both parties’ grievances and demands.

2. To speak to each other in due respect and modesty.
3. To avoid the use of any unparliamentary words during communication.
4. To suggest remedies which help in the amicable settlement of the dispute.

Claimant
The Mediation session of the dispute resolution started by the opening statement from
Claimant side. They introduced themselves and stated the facts of the case in brief.

Respondent
The Respondents were also asked to introduce themselves by the Mediators

Joint Session
 After the facts were briefed, the Claimants placed their demand of complete
reimbursement of the repair and hire cost by the Respondents. The Respondent’s reply to this
demand was no and they seemed for a relaxation and concession on the total amount payable
to the Claimant side.
The Claimant’s replied to this by stating that the Horsebox that was damaged during
the accident is a special kind of vehicle which due to its scarce availability of parts the repair
cost being higher. So, while the damaged box is being repaired their client Mr. Xander
needed a substitute one for temporary use for his business. That’s why they had to hire
another Horsebox for the same. Thus, they want the full reimbursement of the cost. The
Claimant also submitted the copy of the Insurance paper for further verification.
The Respondents replied the same that they are not in capacity to pay the full amount
still. The Respondent’s then put forth the amount of paying 70 percent of the total cost and
settle the dispute as that is the current value they are capable of reimbursing.

The Claimants then courted a 90 percent reimbursement of total cost and repair from
the Respondents Co. as they cannot settle with 70 percent as its too less of the amount
courted by them initially.

The Claimants after taking a moment of time courted an increase amount of 75

percent to be paid back to the Claimant’s as this is the maximum they can afford to
reimburse.

The Claimants after a moment for deliberation decided to settle the matter by
accepting the 75 percent reimbursement to be paid by the Respondent Co.

Closing Statements

Claimant
The claimants thanked the Mediators and the parties for coming for this session and
expressed their gratitude to be able to come to a settlement.

Respondent
The Respondents thanked the Mediators and the parties for coming for this session and
expressed their gratitude to be able to come to a settlement.
We Shield You 10th Avenue,
WXY
Insurance Co Building, DEF –
601010
Contact:

82xxxxxx18
INSURANCE COPY

We Shield You Insurance Co…

General Insurance
Address: 4th block, XYZ street, ABC Nagar, DEF – 601010.

Certificate of insurance & policy schedule

Name of Insured date Business / Registration Expiry date
insured of birth profession date

Mr. Xander 03/03/1994 Horse related 01/01/2021 01/01/2022

product &
services

Vehicle details
Horse box, Two wheels, Metal body type, Attachable with horses.

Premium computation table

A. OWN Premium B. Liability Premium
DAMAGES
Basic premium Rs. 2,499/- Basic premium Rs. 7,499/-
on vehicle including
premium for
TPPD
CGST Rs.250/- CGST Rs.250/-

SGST Rs.250/- SGST Rs.250/-

 TOTAL TOTAL
PAYABLE Rs.2,999/- PAYABLE Rs.7,999/-
AMOUNT AMOUNT

We Shield You Insurance Co

Authorized signature

MEDIATION SETTLEMENT.

05.07.2024 Bangalore, PQR.

Parties.

Claimant - We Shield You Insurance Co.

Address - 10th Avenue, WXY building, DEF – 601010.

Respondent - Iron Armour Insurance Co.

Address – 5th block, QR Circle, DEF – 601044.

Background

* The parties have been in a dispute in relation to an accident repair

reimbursement caused by the client of the Respondent Co. (to be referred to as
the "Dispute")
* The Dispute had been subject to “Facilitative Mediation” conducted under the
voluntary willingness of the through Ms Nandana R and Leya P S (" the
Mediators")
* The Parties have agreed to settle the Dispute on terms set of below
("Settlement Agreement")
 Terms of Settlement

It is agreed as follows:

1. The Respondent will Reimburse 75% of the total repair and hire cost to the
Claimant Co.
2. The Claimant to hand over the copy of bills/receipt and insurance papers.

3. The settlement of money to be done within 30 days from the day of the
Settlement Agreement Signed.

4. This Agreement is in full and final settlement of any causes of action

whatsoever which the Parties have against each other.

5. This agreement supersedes all previous agreements between the parties [in
respect of all matters relevant to the Dispute] except for those terms of the
Mediation Agreement / Appointment of Mediators of continuing effect
including the confidentiality of the mediation process.

6. If any dispute arises out of this Agreement, the Parties will attempt to settle it
by mediation before resorting to any other means of dispute resolution.

7. The Parties will keep confidential and will not use this for any other or
ulterior purpose, the terms of this Agreement except insofar as is necessary to
implement and enforce any of its terms.

Signed On behalf of Claimant. Signed On behalf of Respondent.

Signed On behalf of Counsel: Signed On behalf of Counsel:

Signed On behalf of Client: Signed On behalf of Client: