Puneet 19 October 2016
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..