RAM (engg) 06 November 2013

About mou after settlement by mediation

Now mediation by settlement has come an stage advised to prepare MOU.

I want know about MOU...

1. legal validity of MOU

2. A condition has their she has to hand over my property to me when makeing settlement. She asks some more time. is any legal risk their? because she is not relaiable.

3. If the MOU has passed by the PDJ is it like order (judgement)

4.If the MOU has passed by the PDJ , then if she has changed her mind what is the status of MOU

5.If the MOU has passed by the PDJ the waitin period six months is neccesary

if anything please clarify regarding MOU and further the order (Judgement)

regards

RAM

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3 Replies

H. S. Thukral (Lawyer) 06 November 2013

A decree has to be passed by the court as per settlement to have any legal force of MOU in the mediation process.

T. Kalaiselvan, Advocate (Advocate) 06 November 2013

A memorandum of understanding will not get legal effect on its mere presentation before the court and the court cannot pass any order on the said MOU. The court will pass on an order/decree/judgment in which the the MOU and the conditions therein will be incorporated as per the agreed terms and condtions.