what happens after mediation report sent to court?
Querist :
Anonymous
(Querist) 07 June 2022
This query is : Resolved
In my case of mutual consent (where all terms and conditions are accepted by both parties), judge ordered to go for mediation. We both jointly went for mediation and told not willing to re-consider our decision to separate. (Both parties do NOT have any disagreement on terms and conditions of the agreement for mutual consent petition). The report has been sent to court also as "mediation failed-no agreement can be reached". I would like to know what happens next steps? We do not want to prolong the process as we both have mutually decided to part ways and there is no contention arising. (child custody does not arise as we have no children out of wedlock).
Dr J C Vashista
(Expert) 08 June 2022
Prima facie the two statements are contradictory, whether the parties agreed to terms and conditions of consent on the dispute or they did not accept before mediation. Recheck.
Probably, mediation has wrongly presumed the dispute to be disagreed and failed.
Recheck and get it corrected.
Querist :
Anonymous
(Querist) 08 June 2022
Sir,
Sorry for not explaining it clearly. Actually in the mediation we were asked if there is any scope of reconsidering mutual divorce decision. Both the parties did not express any contention over terms and conditions before the mediation cell as the question did not arise at all. As part of court process we just went to mediation cell and expressed our decision to go ahead with our mutual consent divorce petition along with terms and conditions as presented before the court at the time of filing.
Mediation report says (exact wording as in report) " Mediation completed-No Agreement reached" .
As this is MCD filed jointly by both parties, I read it as "parties not willing to re-consider their separation" . There is no mention in the report about the terms and conditions of the MCD or to say that either party refused to any of the conditions.
Thanks and regards
Siva.G
P. Venu
(Expert) 08 June 2022
In cases of divorce by mutual consent, mediation is a formality to give one more chance to the couple avoid separation. Now that they are firm on their resolve, the Court would decree the divorce in the due course.
SHIRISH PAWAR, 7738990900
(Expert) 09 June 2022
Hello,
Mediation would be successful if you decided to reconsider your decision to divorce. In your case, you both want a divorce and are not willing to reconsider your decision. So mediator has rightly given a report that mediation failed "parties not willing to re-consider their separation". Mediation is not a court, you have to give your terms and conditions of divorce to the court. Court will decide upon it.
Dr J C Vashista
(Expert) 10 June 2022
Opinion / advise of mediator has no value, consequence or affect on the merits of case.
