AYAN (SR. SUPERVISOR) 12 December 2012
Dear learned members of lawyersclub india,
I WOULD LIKETO KNOW IS IT A COMPULSORY PROCEDURE AFTER THE DIVORCE CASE FILED BY ONE PARTY AND THE CASE GOES TO BI PARTE, THE COURT REFERS THE PARTIES TO A MEDIATION OR CONCILIATION ? IS IT A STANDARD PROCEDURE OR COMPULSORY PROCEDURE ?
ANAMIKA VICHARE (LAWYER) 12 December 2012
Kindly see that especially in the Family Courts, there are Marriage Counsellors who generally see that the parties settle the matter amicably either for cohabitation on for divorce on certain terms aznd conditions on which both the parties agree mutually.... The purpose is to ensure that the parties can really come together if not then take divorce amicably saving the Court's and litigant parties' time, energy and money....
In the district courts where are there are Marriage Counsellors, Mediators are appointed who are nobody but lawyers recommended by the Court...
although the mediation is not compulsory....courts get wrong impressiosn about the parties refusing for it...
in fact there is nothing wrong going for counselling and mediation...you at least get to know what is there in the mind of opp party....
you must always try to save time, energy and money on litigation....for in the initial stage you do not come know at all
how much the litigation is going to take you all ....
there is no harm in going for mediation
your youth time is prime time of life and you must try for settlement
rajiv_lodha (zz) 13 December 2012
Yes, mediation is excellent level platform to resolve matrimonial disputes. No harm attending a few sessions. Even if it fails, case resumes from the stage where it was left.
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