Seeking advice
Akash
(Querist) 10 February 2013
This query is : Resolved
Hi,
My Wife has filed DV act against me and my parents, this has been going past 4 months, now their lawyer approached me and my lawyer for mediation and permanent alimony.
Their lawyer says in mediation their will be a person from court and their won`t be any person from her lawyer side neither from my side, is it true?
I need to know:-
1) what is mediation? is it counselling?
2) Can you tell me what type of questions they ask in mediation?
3)Also my lawyer says if I do not attend mediation which is next month, their won`t be any problem, because in the court their was a drafted letter wherein she and I signed and our lawyer and their lawyer signed it is mentioned, whatever happens in the merit of court and if possible we can extend proceedings? Later on this drafted letter was typed in the court and again she and I signed and her lawyer and my lawyer has signed.
4) What happens if I do not attend mediation?
5) Lastly, Can I ask in mediation I can pay her some amount say xxx or is this is regarding domestic violence's cases she has filed against us, by the way we did not do anything her, she filed all wrong cases against us.
6) What ever happens in mediation will it be final, what if she asks more and I`m unable to pay?
7) I hope their will be a way out.
Please answer me points
Raj Kumar Makkad
(Expert) 10 February 2013
1. Yes, this is the mode of counseling.
2. Counselor try to bring both parties to a settlement and all necessary questions related to that matter are put before both the parties.
3. Your lawyer is right but it shall be better to avail the opportunity of counseling.
4. Mediation shall fail and case shall be heard on merits.
5. Yes.
6. Mediation is just mutual understanding. Neither of the parties can be forced therein to accept a particular settlement against his wishes.
Akash
(Querist) 10 February 2013
Thank You Raj, so best thing would be to avoid mediation and now when they came forward now for permanent alimony hope to see in next hearing they will be coming forward for divorce.
ANIL KUMAR 8867907494
(Expert) 10 February 2013
Don't disobey the court directions , u have to understand the consequences discuss with ur advocateiin detail , i am not trying to threaten u, i am just educating u not to end up in trouble like arrest, alimony etc try to settle the issue smoothly
ajay sethi
(Expert) 10 February 2013
attend mediation .
Raj Kumar Makkad
(Expert) 10 February 2013
I have not favoured to be away from mediation. I have rather suggested you to take part therein.
Akash
(Querist) 11 February 2013
Thank You All of you, I will attend mediation.
Can you tell me what are type of questions they will ask in mediation, here in this case I do not want her. I`m OK to give her permanent alimony with negotiable amount and will this amount be negotiable?
I do think mediation is not jus final
Can anyone of you answer my query
Akash
(Querist) 12 February 2013
Any suggestions
ajay sethi
(Expert) 12 February 2013
your lawyer will guide you . mediator will hear you at length and also your wife . then try to arrive at a compromise .
Akash
(Querist) 13 February 2013
If I do not attend mediation will their be arrest, however on the paper she and I have signed this is towards permanent alimony and
mediation will come to a conclusion, how much she is expecting.
Any Suggestions will be helpful.
Akash
(Querist) 13 February 2013
Suggestions/Comments
Raj Kumar Makkad
(Expert) 13 February 2013
There shall not be any arrest if you dont take part in mediation.
Akash
(Querist) 08 March 2013
Hi their,
Can you suggest me if one party lawyer comes for mediation and from my side my lawyer went for mediation,will mediation happen or will it be given next date? or mediation will fail?
What is Permanent Alimony is it paying at one time lumpsum amount?
Raj Kumar Makkad
(Expert) 08 March 2013
In that event mediation shall be deferred fro next date. Permanent alimony is a ty pe of compensation given to wife at the time of her divorce and it is paid in lumpsum.
