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Puneet   19 October 2016

Difference between mediation and counselling

Can somebody please explain the difference between Mediation and Counselling? I am asking because one of my friend had first date in his DV case on last saturday and his lawyer asked for mediation and judge said OK and then both the lawyers n husband n wife set at a nearby tea hotel n discussed mainly money n then left. But on last monday, another friend of mine had first date in dv case and he did not had any lawyer and he still went and judge asked him to submit a application letter and also asked him to go to 4th floor and meet counselling team. On 4th floor, some other senior advocate who doesn't even know husband n wife spoke with both and then gave next date of counselling (19 Nov) My question is what is difference between the two(counselling and mediation)? Which one is better?


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 4 Replies

Sachin (N.A)     19 October 2016

In indian context, mediation and counselling are synonymous and interchangeable.  Go to the literal meaning, mediation is a process, where both parties sit together and with the assistance of mediator (who can also say the legal consequences of actions the parties want to take) resolve their problems. 

 

In counselling, the counsellor by talking the parties together and individually find out the origin of problem and give a definite solution to the problem.  If the affected party accepts such a solution, then co-habitation can be  achieved.  Generally, in counselling, the psychologist's counselling will help the parties to resolve their problems

 

Finally, to your querry, you put your opinion very clearly before the judge by writing the application that the matrimonial differences with your spouse can be resolved by the assistance of expert psychologist so that the matter be referred to him. 

 

If you have any expert psychologist in your mind, you mention even his name also in the application.  Otherwise court can send both the parties to the psychologist in its panel or govt. hospital to resolve the problem. 

 

Just mediation comprising of expert mediators with legal knowledge cannot resolve the matrimonial problem and they solve it with such immaturity by deciding the quantity of compensation and permanent alimony if divorce decree will be taken by the parties.  If they fail in mediation, they refer to the matter to the court for compulsory adjudication..

 

 


(Guest)
Both are waste if parties to the marriage don't agree on anything. Knowing difference between the two parties is counselling, making peace between the two can be called mediation. Anyways both are waste of time if parties are not agreeable.

(Guest)
Both are waste if parties to the marriage don't agree on anything. Knowing difference between the two parties is counselling, making peace between the two can be called mediation. Anyways both are waste of time if parties are not agreeable.

(Guest)
Both are waste if parties to the marriage don't agree on anything. Knowing difference between the two parties is counselling, making peace between the two can be called mediation. Anyways both are waste of time if parties are not agreeable.

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