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(Guest)

role of mediator?

Mediator in family courts generally gets bribed to proceed long the procedure.What can the girl do to refuse mediation after 3-4 talks when the guy does not appear in the proceedings himself and thus is not serious about it.Can Mediator be given in written,  refusal by girl on the ground that guy is not appearing ?or can a complaint be filed against the mediator himself  as he is sayingb that both man ans wife are required to appear to set the process on refusal or failure of mediation.



Learning

 8 Replies


(Guest)

YOU MAY SUBMIT WRITEN STATEMENT AND MENTION ALL FACTS AND PRAY FOR PASSING JUST AND PROPER ORDER AND FOR EXPEDIATING THE MATTER.GOOD LUCK.

1 Like

(Guest)

Mr. Swant ,

who should it be addressed to? mediator..?


(Guest)

Everyone

 

If your case is being prolonged invain,ask mediator to stop proceedingsand remit matter back to court in writing ,mentioning facts due to which you are convinced that no intention lies with the opposite party to reconcile.


(Guest)

KINDLY NOTE THAT IN CASE ANY MATTER IS PENDING IN ANY COURT AND COURT APPOINTS MEDIATOR /COUNCILOR, THEN COURT WILL CALL REPORT  BY INFORMING BOTH THE PARTIES TO GO FOR MEDIATION.THERE IN CASE ANY COMPROMISE IS POSSIBLE THEN THE REPORT IS SENT ACCORDINGLY TO THE COURT AND IN CASE NO POSSIBILITY OF COMPROMISE THEN THAT REPORT IS SENT TO THE COURT AND THEN COURT WILL PROCEED FURTHER WITH THE MATTER.IN CASE THE OTHER SIDE IS PROLONGING THE MATTER THEN YOU MAY SUBMIT APPLICATION TO THE MEDIATOR THROUGH YOUR ADVOCATE AND MENTION ALL FACTS AND PRAY FOR SENDING BACK THE MATTER TO THE COURT .LET THE COURT DECIDE THE MATTER.GOOD LUCK.

Parth Chandra (none)     15 January 2011

Hi All,

I have a question in similar line.....

Suppose both parties have been asked to go into mediation in CRPC 125......Husband is ready to do whatever mediator says

1) ready to take wife back 

2) Ready for divorce 

3) Ready for trial stay together with case pending without any condition.

and wife is putting condition here and there 

1) for either to stay to gether for trial period --> She is asking different thing in writing like husband will not beat her ...will not drink etc......which husband has neither did and is not agree to write as 498a is pending because wife can later on again desert husband and use this written statement in 498a or in other case

2) for divorce --> She is asking for huge sum where husband is not agreeing as he is not wishing divorce...it is the wife who wants divorce and husband is ready to give it to her for her own happyness and is not ready to give money as its not his wish to get divorce and is wife's wish and why should he pay for her wish

.........and these conditions are not acceptable to husband (or say husband also would like to have his own condition if wife puts some condition otherwise he is ready to do whatever mediator says without any condition).

Now in this scenario mediation is bound to be failed .... but my query is .... what would the mediator write in his/her conclusion report? and after reading the report what family court judge (crpc 125) would suggest?

Parth Chandra (none)     17 January 2011

Can anyone plz. respond to my above query?

Thanks,

PC

a (cc)     18 January 2011

Members! correct me if I am wrong.

From mediation center, only 2 things move out to original court:

1) Mediation failed

2) Mediation successful on these grounds/conditions

No details of the actual process are passed back.

The original case resumes from where it was suspended, if mediation fails. No effect on merits

neel (self)     18 January 2011

Do not share/disclose  your key areas/proofs/defenses/allegations etc with  the mediater.

 

I have burned my fingers badly. It's all managed internally.

 

Without trial you would lose the your case if you disclose anything over there.

 

Just state what you intend to do (i.e either you want divorce or you don't want it and willing for reunion etc ...that's it. don't spoil your case by telling your strategy or proofs etc.)

 

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