Court amicable settlement
Rahul Sharma
(Querist) 17 June 2012
This query is : Resolved
Can some one Please guide me in knowing the procedure of court Mediation or Amicable settlement as per court order in my case. Please help me in knowing what generally happen over their What questions does they ask generally and for how long and on what gap these session happen. Looking at my case brief on previous threads, Can someone foresee what could be the outcome.
P V VAITHYANATHAN
(Querist) 17 June 2012
This query is : Resolved
I am 70 years old, and own a flat in Chennai. Recently the owners of our flat decided to go in for a joint development of our property with a contractor. Each flat owner now receives a lumpsum as goodwill money from the contractor. Please let me know whether this goodwill money is taxable in any way. If so, how to avoid or minimise the same? Appreciate your valuable advices. Thanks.
Adv Archana Deshmukh
(Expert) 17 June 2012
@ Rahul Sharma,
The court will give you date when both the parties will have to appear before the mediator in the court mediation/ conciliation cell. The mediatior will talk with you and your wife and also with your relatives if present and try to understand the dispute and find out some harmonious solution which is agreeable to both of you. Both of you shall also get opportunity to talk with each other. How many sessions the mediation shall continue will be decided by the mediator in accordance with his assessment of the situation. He will submit his report to the court. Nobody here can predict the outcome as what will happen during the mediation we do not know.
Adv Archana Deshmukh
(Expert) 17 June 2012
@ P V VAITHYANATHAN ji,
Please do not put your query in other's thread particularly when yours is an entirely different issue. You can open your own independent thread, so that it will be easy for the experts here to comment on.
Rahul Sharma
(Querist) 17 June 2012
Thanks Archana ji...Much helpful..any idea what type of discussion goes over their ..would that be consider own court records..or is it just that mediator will submit the final verdict only.
Adv Archana Deshmukh
(Expert) 17 June 2012
The discussions will be on the facts of your case only. The mediator does not go by the court records but by talking to the parties gathers what is the real issue and tries to find out some solution which will be agreeable to both and shall submit his report to the court which is confidencial and has no impact on the case even if the mediation fails. So don't worry and be free and try to make the best use of the opportunity and see if things can be resolved. Else fight out the case in the court.
Rahul Sharma
(Querist) 17 June 2012
Thanks a lot Archana ji..