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Shiva......... (owner)     28 September 2013

Importance of mediation ??

Dear all,

I had unsuccessful 13 B followed by DV case by her, then 13 A filed by me and then she asked for transfer of 13A. Till now more than 6 mediation i have attended without any positive result. Every time mediators keep asking for time.

How important is mediation in court proceedings ? I mean do we have rights to ask the judge to close the mediation if its not working out. I feel its waste of time since its not working out and we case should jump to next stage.



Learning

 5 Replies

shanmugam lakshmanan (senior)     29 September 2013

Mediation is a channel of resolution of dispute.  In matrimonial disputes, urgency takes no place in court/mediation proceedings.  If the mediator finds some chance of success in mediation, it is not wrong on his/her part to adjourn the proceedings.  Provided, if you feel that mediation is adjourned without any fault on the part of either party, you may ask for change of mediator or if you see reason that other party is adopting delaying tacties, you may ask the mediators to close the mediation proceeding and refer the case to the regular court for further proceedings. If you are representing through  your advocate, you may instruct him accordingly.

T. Kalaiselvan, Advocate (Advocate)     29 September 2013

As Mr. Lakshmanan rightly said, please feel easy to raise the issue with the mediator,if not file a petition before the concerned court seeking to revert the case back to regular court for further proceedings, but do not hasten things because it may sometimes have an adverse effect, hence adopt cautious steps.

Dr J C Vashista (Advocate)     30 September 2013

Mediation is a futile exercise

rajiv_lodha (zz)     30 September 2013

Yes, mediators are in no way TRAINED TO HANDLE MATRIMONIAL ISSUES. They are just commssion agents u find in SABZI MANDI!

Shiva......... (owner)     30 September 2013

Thanks for the reply sir. So what i understood from the above replies is i have the right to ask the judge to close the mediation through a petition or my advocate.


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