Mediation agreement signed by the advocate
Mayank Arora
(Querist) 16 March 2017
This query is : Resolved
Dear Experts,
Can a mediation agreement be signed by the advocate on behalf of the party?
My recovery suit is in mediation. Both the parties agreed to the terms and the mediator took signatures of both parties on a draft agreement. The final agreement was to be signed next week.
Next week, I turned up and signed the final agreement. The other party sent their advocate. The mediator said that even the advocate's sign is sufficient because he has a vakalatnama (even if the party didn't sign).
When the matter went for hearing in the court afterwards, the judge questioned the missing signature of the other party. The other party claimed that they had been forced to sign the agreement by the mediator.
Please guide who is correct in this case- the mediator or the judge? Can the mediation agreement be held valid if it has been signed by the advocate of the other party?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 16 March 2017
If any agreement is to be that obviously it has to be signed by the parties. If it is signed by force, court may determine and take its own view and will take the decision
Ms.Usha Kapoor
(Expert) 17 March 2017
Agree with Advocate Jeevan Patil.
Mayank Arora
(Querist) 17 March 2017
Is the mediation agreement not binding then? Doesn't the vakaalatnama confer the right to execute the agreement on the client's behalf?
Dr J C Vashista
(Expert) 18 March 2017
Agreement in mediation centre is not binding till it is made a Court order.
However, either of the party or his counsel may agree and sign (on behalf of his client).
Mayank Arora
(Querist) 18 March 2017
Thank you experts.
Sorry, but I'm confused. Can I appeal to the judge again to consider the mediation agreement, since it has been signed by the other party's counsel? Shouldn't this be seen as backtracking of the other party from the agreement?
Dr J C Vashista
(Expert) 19 March 2017
No appeal lies in the same court.
No case/appeal is made out when either of the party to mediation agreement deny later.
