Maina (mediator): Hello Amina and Abdallah. I would like to invite you to today's session. At the very beginning I would like to introduce myself. I am the designated mediator and my name is Maina Migwe, but in today's session you can call me by my first name, Maina. In this session you are not like in court, so when you are talking to each other you are refer each other by the same name that you would like to be called. I would also like to give you an opportunity to introduce yourself and let us know what name you would like to be used for. Who will we start with? Is it Amina or are you Musa?
Musa: I will begin.
Maina (mediator): Amin, is it right for Moses to be the first?
Amina: It is okay.
Musa: My name is Musa Abdallah, and being called Musa is also okay.
Maina (mediator): Okay, thank you very much. So the opportunity is yours Amina.
Amina: My name is Amina Abdallah and when I am called Amina I am fine too. 
Name: Thank you. So this is today's session and I know you have already been informed that your case has been cleared in court and it has been found that it was found right to be resolved through mediation. So I was appointed to help you solve your problem. Mediation, if we are just starting out, is an alternative that is used instead of going to court or where you are using attorneys against each other. Also, because of this Corona epidemic, that's why we were able to do it through the internet. Because you know of the things that spread the catastrophe, are actions like coming togeher. That's why we did it online. As we continue, I would like to know if you can get me well. Can you hear me well and can you see me and see your partner?
Moses: As for me, I hear you and I see you well.
Maina (mediator): And can you also see Amina?
Musa: I see her.
Maina (mediator): What about you Amina?
Amina: I hear you all and I can see you too.
Maina (mediator): Thank you. So step by step we can plan how we will proceed. Since we are doing it through the internet, sometimes there are mechanical problems. So when there are a few mechanical problems and you find you are not in session, you can use my phone number that I have already given you so that you can contact me and so that I can give them time to resolve the problems and then return. When you are not with us, the session will be calm, no conversations will continue until the moment you are able to return so we can continue. Do you understand? Can you understand me?
Amina: Yes.
Moses: We understand you.
Maina (mediator): I have scheduled two hours for today's session and I would like to know if you will be there through that time.
Amina: I will be there.
Musa: We will be there
Maina (mediator): Thank you. As we move forward if you feel tired and would like to be given a little space to breathe you can tell me then we will all be able to take that time to stretch our muscles and then come back and move on. Is that right?
Amina: That's right.
Musa: Well, that's right.
Maina (mediator): Thank you. As we begin this session I would like to inform you that this is a private session. All the things that we're going to talk about here should not go out of this session, it's just us the characters that we should be aware of. Therefore, these things we are talking about here should not be shared with others. But if necessary, you should probably talk to your stakeholders about what is going on, you should be able to let them know that these are private matters and should not share them with others. Do you understand that?
Musa: Yes, we understand you.
Amina: I understand.
Maina (mediator): Similarly, although this session is private, if there are any words that will arise, which will indicate the possibility of a person injuring themselves or others or damaging property or things that are illegal, then it is my responsibility to inform the police or who they will be responsible for security matters or for such matters. Do you understand that?
Amina: I understand.
Musa: Yes, we hear you and we understand you.
Amina: So I would like you to assure me that you will not pass on all the things we are talking about here to others. Do you guarantee that?
Musa: Yes.
Amina: Yes.
Maina (mediator): Amina, thank you very much. I would also like to inform you that this mediation session comes here out of their own free will. No one should be forced to come here. I would like to know if you have come here on your own free will or have you been coerced?
Amina: I came out of my own free will.
Musa: And I have also come out of my own free will. We are not forced.
Maina (mediator): Thank you very much. I would like to inform you that my job in this session is to help them to be able to talk directly, to be able to exchange ways or solutions that you think we can use to resolve this issue that we have. Also my job is to be able to write down the contract that you have been able to arrive at through these conversations. Do you understand my role in this session?
Amina: I understand.
Musa: I understand.
Maina (mediator): Is there any question about my work in this session?
Amina: No.
Name: What is your role in this session? Your job is to talk directly to each other, following the rules I will give you soon, to be clear, to be willing to listen to your partner, to try to find a solution, and to agree on a solution. Do you understand your work?
Amina: Yes.
Musa: Yes.
Maina (mediator): Is there any question about your work?
Amina: No.
Musa: No.
Maina (mediator): Then you can have friends or people you talk to when you are having a hard time, and if you are going to ask them for advice, or maybe you have lawyers, those people whose job it is to give you advice and give you any help you need as we go along this session. Have you understood the work of others apart from you and me?
Amina: Yes.
Musa: Yes.
Maina (mediator): Is there any question about their work?
Amina: No.
Musa: At the moment we don't have.
Maina (mediator): So if not, another thing now I would like to inform you that this session contains laws that we must all follow. I think first when one of you is talking, then the other one should not interrupt them, they should wait until I give them permission so they can also talk. Another rule is that the language and gestures you will use during the discussion in this session, must be a language of honor. Therefore, it should not be abusive or sarcastic. Another rule is that when we speak or want to name another then we must use their name. A name we have already agreed that we will use here. To me you will call me Maina and we will call you Amina and we will call you Musa, apart from the others we have grown up using. Another rule is that you should not record any piece of this session in any way. Because this is a private session. Have you heard and understood those laws?
Amina: Yes, I understand.
Musa: Yes, I have heard and understood them.
Maina (mediator): Thank you. So I would like you to assure me that you will follow and respect those rules. You will not violate them. I would like to get that assurance from you.
Amina: Yes, I will follow the rules.
Musa: I will also follow the law.
Maina (mediator): Thank you very much. Another thing I would like to briefly explain to you is the process that we will follow in this session, and this session begins with your mediator giving you a little bit talk about new thing in this session. There is nothing more to follow. You are now given the opportunity to share your stories. So that you can explain to me what things brought you into the session. What are some of the things you would like to talk about and resolve? Then, when you do that I will be writing down the words I hear in order to set the agenda. When I create an agenda, I will read it, show it to you and agree that these are the things you would like to talk about, then I will give you a chance to talk directly and find a way to resolve those issues, and sometimes there will be a private session where I will listen to each of you alone and the other also give them a place in a private session. I will give them the same time. So everyone will have the same amount of time as the other, and after that session we will return to a joint session where we will continue the discussion and agree on how to resolve your dispute. So if I can find a solution, I will write it, I will sign it at the end of the session. Do you understand the course you will follow in this session?
Amina: Yes.
Musa: Yes.
Maina (mediator): Are there any questions?
Amina: At the moment there is none.
Maina (mediator): Thank you, then if there is none right now, we can move on and this is your time now to be able to explain what compelled you to go to court or come to this mediation session. What are some of those issues that you would like to resolve? I would ask you now, who would like to be the first to explain the issues that brought them to this session and what issues would you like to resolve?
Musa: Well, I'd like to be the first.
Maina (mediator): Okay, Amina is it okay when Musa starts?
Amina: Well that's right.
Maina (mediator): So Musa can go on, explain what brought you here, what are the important things you would like to resolve today.
Musa: As I said my name is Musa Abdallah, I am the first child and the only son of the late Mama Halima. Mama Halima, our mother died, but she left all her belongings to my sister Amina, leaving her house which is a family home, a house where we were all born there and raised there.
Maina (mediator): Just a little bit so I can make sure I got you. You say that your mother passed away, and when she passed away there was a house left to Amina.
Musa: Yes, the family home.
Maina (mediator): Family home. In what way did he leave it to her?
Musa: She let her have it in her will. She left the house to her.
Maina (mediator): So you say in the will of the late your mother left Amina a house? Continue.
Musa: apart from the house, there was also money our mother had in the bank. The money was left to my sister Amina.
Maina (mediator): So you say there was money in the bank. How much is this money?
Moses: It's about two million, two million.
Maina (mediator): Two million?
Musa: Well it was left Amina. Then there's the Toyota, the old car, that's the only thing my mother left for me.
Maina (mediator): So you are saying that in that will what you have been left is the car?
Musa: Yes, alone.
Maina (mediator): And those other things were left to Amina?
Musa: Yes.
Maina (mediator): Is there anything else you would like to add?
Musa: At the moment these are the issues I would like to talk about and find a solution that will make both of us happy.
Maina (mediator): When this will was made, and found out the things that Amina was left with and what you are left with, how do you feel about this thing?
Musa: To be honest it made me very sad and unhappy. I grew up loving my mother, we lived together in that house, I was born there, I was raised there, and the fact that she did not include me to that will and left the house with my sister and her money, it is as if they forgot me or neglected me. I am unhappy. I'm dissapointed.
Maina (mediator): So you are saying that this matter of property being distributed in the way that she has distributed it to the will has saddened you?
Musa: Very much so.
Maina (mediator): Is there anything else you would like to add?
Musa: At the moment I have nothing extra. Here's what to talk about.
Maina (mediator): Thank you very much Musa for being able to share your story. Amina and I would also like to thank you for listening without interruption. Now it is your time and you can also give me your story and tell me exactly what brought you to this session, and you can tell me what it is without answering what Moses has already mentioned.
Amina: My name is Amina Abdallah, the only girl of the late mother Halima, and by her will my mother left me a house and money in the bank.
Maina (mediator): Just a little bit so that I can make sure I get well, you say that your mother was sick and when she was sick at the hospital you kept looking at her until she died.
Amina: Yes.
Maina (mediator): Continue.
Amina: So my mother put me in her will and gave me her house and money as well and I would like my mother's wishes to be followed. What she wanted to be done, should be followed because we should respect her and her thoughts, we should also respect her thoughts by writing her will.
Maina (mediator): What words do you say in this will that you would like to be followed?
Amina: Yes. In the will my mother left me a family home, when we grew up since we were born, she also left me money in the bank account, two million, and she also left my brother Musa a family car.
Maina (mediator): So you say in the will there is a house, which you say you are the one who has to inherit, as well as you say there is money in the bank. How much money do you say this is?
Amen: Two million.
Maina (mediator): And there is two million in the bank which you also have to pay inherit according to this will?
Amina: Yes.
Maina (mediator): You say that there is a family car that should be inherited by Moses?
Amina: Yes.
Maina (mediator): Do you have something extra?
Amina: At the moment I don't.
Maina (mediator): Based on the situation, what does this have to do with you and Moses, how does it make you feel?
Amina: I'm disappointed, I'm sad and I'm also angry because this is my brother taking me to court to try to disagree with my mother's wishes, which probably shows that he has probably disrespected my mother and that we have our mother, so we are sad.
Maina (mediator): I hear you. Is there anything else you would like to mention?
Amina: I would like to find a solution so that we can move on with life.
Maina (mediator): So you would like to find a solution and let life go on?
Amina: Yes.
Maina (mediator): Thank you. So Amina I would like to thank you for giving me your story, and I would like to thank you Musa for listening without interrupting.
Musa: I would like to ask something.
Maina (mediator): What's the matter?
Musa: My sister said she stayed with my mother in the hospital is a fact but I also stayed with my mother in the hospital. She did not stay with my mother in the hospital alone. That's something like siblings we've been doing for a while. Now if she says that she was left with a house and money because she grew up staying with mother in the hospital well that is not..
Maina (mediator): Just a little bit. I'll give you a chance to talk about those things at length. For now I would like to first show you the agenda that I have been able to write so that you can verify what I have found on the things that you would like to talk about. Can you see the agenda that I was able to write? The first agenda is housing. Would you like to discuss this and solve?
Amina: Yes.
Musa: Yes.
Maina (mediator): Thank you. Is there anything else that I may not have heard of? Which I have not been able to copy which you would like us to add? Is there something I probably missed? Or is it just that?
Musa: That's all.
Maina (mediator): Amina and you?
Amina: That's all.
Maina (mediator): Thank you then if that's all. Now I would like to invite you so that you can discuss these issues directly and I would like to know what you would like to start with. About the house, money in the bank or the car? What issue would you like to start with?
Musa: I think we should start with the house.
Amina: I agree with him.
Maina (mediator): Amina do you agree with him?
Amina: Yes.
Name: Okay. So who would want to talk about it first? I would like you to talk to your partner directly about it and when it is your turn to listen, listen and give your feedback or thought on how to solve the issue on the house. Who would like to start?
Moses: I would be happy to be the first.
Maina (mediator): Is that right with you Amina?
Amina: Well that's right.
Maina (mediator): So Musa I would like you to tell Amina about this house thing. The importance of the issue to you and the ways in which you can use it to resolve the household issue. Go ahead
Musa: As I said the house is our family home we were both born there and raised there at home until we became adults. In her will, in fact mother has left Amina the house but I see that it would not be right because Amina as a girl, she will get married and leave the house, and the house will remain vacant. There will be no one to stay. I as his only son, I am the one who fits to have the right to that house as I will get married, bring my wife right there, stay at home and stay there with my family. It will not come out or it will not be sold it will remain in our family. Now for the solution that I see ...
Maina (mediator): Just a little bit so I can make sure that I got what you said. You have said that you would like the house to be yours, to stay there so that later you can move in with your family there.
Musa: Yes.
Maina (mediator): Amina how would you like to answer Musa. Tell Musa your thoughts.
Amina: Yes, I would like to tell Musa that I understand what he is saying.
Maina (mediator): Tell him directly.
Amina: Moses I understand what you are saying. But I don't think it's right that your idea is that I'm going to get married and leave home but I don't see that as a sufficient reason to evict me from the house that you said we were all raised there, we were born there.
Musa: I did not evict you from the house. I just said I let the house remain for the family. Or Maina have I dismissed him for the words I speak?
Maina (mediator): I am here to help you talk directly and if there is a place where you feel he does not understand you can explain it at length so that you can understand each other. You can move on.
Musa: Me or Amina?
Amina: Maybe Moses I misunderstood you. Tell me again.
Musa: I didn't say I wanted to evict you from our family home. I have said my thoughts are that this house will remain in my name as it will remain in our family. It will remain in our family. When I get married my wife can come there and the children stay there. If you also get married you will leave. You can come home and feel you are home, but if you get married and leave the house, who will stay there? If you are the occupant? The house will have to be sold or demolished, now because we want the house to remain with our family, I think it will be better for me to have the house, as it will remain there, and you are welcome any time to come home, I cannot evict you and it is home. That's what I mean.
Amina: I understand you Musa because I also want the house to stay with the family but even when I get married you know I want to move home I want to come with my family and stay with us to enjoy the house that my mother left us, so I see I will not be able to stay with my family and yours in the same house one so, I don't know what we're going to do but with ...
Maina (mediator): Amina, what solution do you have that you could probably tell Musa? You could probably negotiate or use it. What is your solution?
Amina: Musa is currently living in our guest house at home. I would probably agree to let him move into the big house and take the small house so that he can stay with his family in the future for the big house and when I visit home I can have a place for my family to stay.
Maina (mediator): How would you Musa respond?
Musa: That is a solution that I am also happy with. I am okay to stay in the main house as the guest house I will let her come where she and her family will stay there without being bothered.
Maina (mediator): As I listen to you, I hear as if you have agreed that Moses can inherit the family house or the big house and Amina can inherit the guest house or guest house? Have I been able to understand you well?
Amina: Yes.
Moses: Yes.
Maina (mediator): So congratulations to you for getting the deal and now I think we can keep talking about something else. So what agenda would you like to discuss? There is still the money agenda in the bank and the car.
Amen: We would like to talk about the money in the bank right now.
Maina (mediator): I did not get you well there.
Amina: I said that I would like to talk about the money in the bank right now.
Maina (mediator): And you Moses?
Musa: Well we can talk about the money that is in the bank.
Maina (mediator): So, Amina, you can tell Musa about your thoughts on the money in the bank. How would you like it to be done? What would you like to discuss with Musa so that you can resolve this money issue? And you, Musa, will be able to listen and also give Amina your thoughts.
Musa: All right.
Amina: My mother left me two million in her bank account and with that money we have to pay for the money spent on the hospital when she was sick which is two hundred thousand and with that we will spend two hundred thousand of that two million to pay the bill at the hospital. But after that my mother left me the money and I think I will be satisfied with the money because we have agreed with Moses that I will leave him the big house, go into the small house, and also he told us here today that a girl is expected to get married they should also leave home and start my their own house. So, I feel that I have to keep that money because the house has everything. It has a television, it has a sofa, it has furniture, it has beds, it has everything and when I move I will have to start my own house because of that I have to inherit the money that my mother left me.
Maina (mediator): Excuse me. Would you Musa probably explain to Amina how you understood the words she mentioned?
Musa: I heard the words she said but did not agree with him. She has said two things.
Maina (mediator): What did she say?
Musa: At the beginning of this mediation he said that she stayed with mother and that is why she has left all these things to her. I disagree with her. I also stayed with my mother until she died. If that is the reason for consent then I also have the right to consent. Because I also stayed with mother and she is not the only one. The second one she said she would get married and she would have to go and start her own house because the guest house doesn't have a TV, it doesn't have anything, but that I tell her she gets married not that she is going to marry. I am not yet married, I do not have a wife, my work has not grown too big. I still need the money my mother has left. And yes by will ...
Maina (mediator): Just a little bit, as you keep talking you are doing well and I would like to congratulate you for the effort you are showing, you are talking. You are doing quite well. So I would like to ask Musa, what solution do you think you can talk to Amina about this money issue that is in the bank?
Musa: For the matter concerning money, at the beginning she said, there is that matter of the hospital debt, let us pay. If we pay, the remaining money I see will be fair if we divide fifty percent, fifty percent. Half to half.
Maina (mediator): Amina and Musa when you are talking about the cost of the hospital, I hope it is the cost that my mother was able to get while she was in the hospital. How much does it cost?
Moses: It's two hundred thousand.
Maina (mediator): Is that so Amina?
Amina: Yes two hundred thousand
Maina (mediator): Musa, if I have understood you well, are you saying that you could, in your opinion, think that you could use the money that is in the bank to pay the hospital bill and the money that is left you two share equally?
Musa: Yes.
Maina (mediator): Amina what would you like to say?
Amina: I have heard what my brother has said but I still do not agree that we should share the money for fifty to fifty percent because even if he has stated that he will get married he will have to start himself, but he does not start without anything, that is, he has something to start with. Sixty to forty percent. Sixty to me, forty to him.
Maina (mediator): Musa?
Musa: No, I do not agree with her. To me I see forty will be very little, because she is not like she does not like the guest house. She inherits the guest house. Now I see maybe we should do forty five, fifty five.
Maina (mediator): And when you say forty five, fifty five. Forty five for whom, fifty five for whom?
Musa: Forty five for me, and fifty five I'll leave to my sister.
Maina (mediator): Amina what do you think about what Musa said?
Amina: I agree with him, that I inherit fifty-five percent, and he inherits forty-five percent of the money that will be left over after paying for the hospital bill.
Maina (mediator): So if I have understood you well, I have heard it is as if you have agreed that the money in the bank which is two million can be used to pay the hospital cost of about two hundred thousand, and the remaining money that after paying the cost, share fifty five percent for Amina and forty-five percent for Musa. Is that how you have come to agree?
Amina: Yes.
Musa: Yes.
Maina (mediator): Is that your agreement?
Amina: Yes.
Maina (mediator): Congratulations on that contract and I see now what is left on the agenda is a car issue. Musa, what would you like to tell Amina about the car issue?
Musa: The issue of the car is by her will my mother left me the car and this car is a home car everyone who needs it uses it. Now there is no need to fight I just see Amina leaves the car in my name.
Maina (mediator): Amina?
Amina: Well I can leave the car in his name, but I would like Musa to allow me to use the car when I do my business here and there and also when it comes time for me to move, I will use the car to transport my belongings.
Maina (mediator): Musa?
Musa: Well, there I hear you and I understand you and that is all right. I will lend you the car when you want to do business and when you want to move. Like I said this car belongs to this home and used for household needs. That's right.
Maina (mediator): Congratulations, and if I have heard you well, about the car issue, we have agreed that Musa should own the car, and Amina can use it whenever she needs to do her business. Is that the agreement you have been able to reach?
Musa: Yes.
Amina: Yes.
Maina (mediator): Congratulations on your contract. I feel like you have finished everything on the agenda, and I would like to congratulate you very much. You have made an effort, you have done a great job and you have done it in a clean way. For now I would like to show you your contract so that you can agree if that is the agreement you have been able to reach. I think you see my screen?
Musa: For my part not yet.
Amina: not yet too.
Maina (mediator): And now do you see my screen?
Musa: Yes.
Amina: Yes.
Maina (mediator): This is your contract, which you have agreed to today. You see your names there, as well as your case number, and the copy of the contract I will read and it begins with the statement that we, the signatories below, who are the parties to this matter, have agreed that your dispute follows. First, Musa inherits the family home and Amina inherits the guest house. Is that how you have agreed on the issue of housing?
Amina: Yes it is.
Musa: Yes.
Maina (mediator): Thank you and congratulations. Second, the issue of money. The money in the bank should be used to pay the hospital expenses of the deceased of two hundred thousand and the remainder to be distributed to the following system. Musa 45% and Amina 55%. Is that how you have agreed on the issue of money?
Musa: Yes.
Amina: Yes.
Maina (mediator): Congratulations. Lastly, in the case of a car, Musa inherits a Toyota type vehicle with registration number KAA 320Y. Musa and Amina also agree that Amina can borrow a car and use it for her business. Is that your contract on the car issue?
Musa: Yes, that's right.
Amina: Yes.
Maina (mediator): Congratulations on the agreement that you have reached today on the 8th day, 5th month of the year two thousand and twenty one. So your names are there, and there are opportunities for you to sign, and then I will sign and I send you this agreement so that you can sign and then you will return it and you will be able to present it to the court so that the court can take your contract as the final statement in your case. Towards the end of this session, I would like to give you an opportunity to mention one or two things.
Musa: I would like to start ... I'm glad you brought my sister Amina and me together, sat us down and talked these words between the two of us and you. For that thank you and the Suluhu Mediation Center. You have saved us time and money to go to court and do litigation that would take us years. So I'm glad my sister and I have come to terms with these little things and thank you. That's mine.
Maina (mediator): Thank you Musa. What about you, Amina?
Amina: I would also like to say thank you to our mediator, Mr. Maina, as my brother and I have grown up together so it is not good to live in anger or to live in disagreement, so we are very grateful for Suluhu Mediation Center. You have saved us a lot of money that would be spent in court. Thank you very much.
Maina (mediator): Thank you, and congratulations again to the two of you for the hard work you have done and for being able to come to terms with this agreement, and you have also seen for yourself through mediation. Disputes can be resolved quickly and inexpensively and similarly, with this internet or virtual mediation, I see that you have also not used the fare to move around, no fatigue, no risk of getting diseases like Corona. At the moment you see people not moving much but at the same time you can find a solution to your problems while you are at home at a low cost.
Amina: Yes.
Maina (mediator): You see there is no difference from the court. So from me I would like to thank you for being able to follow the rules that I have mentioned before and also to be able to get the solutions that you have received today. Thank you very much and I wish you all the best. Goodbye for now.
Amina: Thank you. Goodbye.