Counseling in hmop

So, Do I need to appear every time?

Normally mediation takespalace at prelitigation stage. But  if not maters are not stteled  during pre litigation  stage  at any stage of  the suit or proceeding court sends the  parties FOR Mediation..If you appreciate this  answer please convey my forum thanks...

Mediation centers have their process of handling the case in their way. Hence, couples are first referred to go for mediation and then move towards the court.  Mediators are usually appointed by the court. The court appoints the mediators according to their qualifications for particular matters.

Advantages and Disadvantages

There are certain advantages and disadvantages to the mediation process for divorce.

Advantages: Mediation cuts the price and the long process of litigation. It is a confidential and ethical process and does not harm the sentiments of either party. A neutral person assists the matter and hence, derives a conclusion which fits perfectly for both parties. Therefore, it is a neutral process. Mediation is a simple and flexible process and does not need much formality to it.

Disadvantages: Under the mediation process, the mediator cannot compel or force either of the party to cooperate. It is one’s choice whether to co-operate or not. Hence, the divorcing couples should firstly try to solve the problem on their own and then only go for mediation if no results are found.

Duty of the Court

Section 9 of the Family Court Act, 1984 states the duty of the Family Court to make efforts for a settlement.-

• In every suit or proceeding, endeavor shall be made by the Family Court in the first instance, where it is possible to do so consistent with the nature and circumstances of the case, to assist and persuade the parties in arriving at a settlement in respect of the subject-matter of the suit or proceeding and for this purpose a Family Court may, subject to any rules made by the High Court, follow such procedure as it may deem fit.
• If in any suit or proceeding, at any stage, it appears to the Family Court that there is a reasonable possibility of a settlement between the parties, the Family Court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a settlement.
• The power conferred by sub-section (2) shall be in addition to, and not in derogation of any other power of the Family Court to adjourn the proceedings. [1]

Section 9 of the Family Court Act, makes is it mandatory to settle a matrimonial dispute in relation to maintenance, child custody, divorces, etc., through the process of mediation. It also states to refer the parties to visit a mediation center with their consent. The family court can take the help of the counselors if needed for resolving disputes. Mediation centers should give a time limit for the completion of the conflict dispute to avoid further or unnecessary delay in the matter.

In the case of K. Srinivas Rao vs. D.A.Deepa [2], the apex court held that mediation is a must before a divorce. When any case occurs under Section 489A of IPC, the apex court directs the criminal courts not to deal with this complaint unless the matter is dealt by the mediation centers but in few cases where the cruelty amounts to be a very rigorous and a dangerous one, the criminal courts can take up the case without referring it to the meditation centers.  Further, it has been held that all the mediation centers should set up their own personal litigation clinics so that the matrimonial disputes can be resolved under this without going to court.

By the statistical data of Bangalore mediation, over 20, 000 cases of 30, 000 have been settled through mediation in the year of 2007 to 2014.

Conclusion

Mediation is a negotiation process. Parties who go through the mediation process participate directly and with free consent to this process. Resolving the disputes through a process which is under the supervision of a mediator is called mediation. The aim of mediation is to provide a fair, neutral, speedy decision or conclusion to the parties. Meditation can be done for any matter. But nowadays, the concerned topic is Divorce. Mediation for divorce is a must process and needs to be done before going to the court. Through mediation, the burden of the court becomes less and the parties can confidently make their point clear to each other.  Mediation is a non-judicial and informal process that needs to be done by the divorcing couples. Mediation centers do not pass the judgment but give the couples solutions to smoothly repair the cracks in their marriage.  After the mediation process, the divorcing couples may give another chance to their relationship or file a petition for divorce in the court.  After the mediation process, the divorce becomes a mutual divorce with the consent of both the spouse. Section 9 of Family Court Act, 1984 also states that before going to the court, the partners need to go through the mediation process. Therefore, mediation is a must for all the divorcing couples to give their marriage one more chance.

@Usha Kapoor : Thank you sir.

do we have the right to say No for mediation?

Just skip the mediation dates, you need not disclose it openly in court.

@ Sai Narayana : Sure

i will sikp them. Thanks.