Mediation process


Hi Sir/Madam,

Thanks all for the support you people provide on this forum. Really Appreciated.. My query is about Mediation process.

My marriage did not last for more than 6months. False 498A was filed against me and my family, along with CrPc 125. For 498A  we have got a later date. CrPc 125 still going on and nothing is finalised yet. 

I have filed for a divorce on the basis of cruetly. After 4 dates, she appeared before the court and finally judge reffered for mediation.

I would like to know, what exactly happens during the mediation process? Anything important I should keep in mind. Thanks in Advance. 

 
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Advisory/Advocacy

Mediation is a process wherein a mutual settlement is sought to be arrived at. All this happens in the presence of a mediator.

 

Keep the company of a good mediator with you and do not give in to the demands of your wife....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

 
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Bangalore

Originally posted by : Suresh AAA

Hi Sir/Madam,

Thanks all for the support you people provide on this forum. Really Appreciated.. My query is about Mediation process.

My marriage did not last for more than 6months. False 498A was filed against me and my family, along with CrPc 125. For 498A  we have got a later date. CrPc 125 still going on and nothing is finalised yet. 

I have filed for a divorce on the basis of cruetly. After 4 dates, she appeared before the court and finally judge reffered for mediation.

I would like to know, what exactly happens during the mediation process? Anything important I should keep in mind. Thanks in Advance. 

 

The first step towards divorce:  Mediation

 

There will be a queue of people waiting for their turn, as you saw in the family court, your number [ not much difference will be left by the end of it, your name would have taken the form of a number] will  be called out.


Now both of you go in.


Usually it will be a bench of 3 lawyers who act as mediators, at least 2 female lawyers will be there and 1 male lawyer.


They will ask you whats your story?


You tell yours, that youve been humiliated to such an extent that you do not wish to continue with her under any given circumstance and that accepting back is ruled out.


If she says she does not want to live with you etc, good for you.  The mediators will write down both sides of the story and will ask you to sign, which of course wont have any value, but of evidence that mediation happened and that the process failed or passed.


The mediators will talk as if they are your well wishers [to be precise as if they are your parents].


Dont ever lose cool during mediation, tell each and everything is a  polite manner even if the same question is asked a 100 times.

 
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zz

I came to know that mediators may mention something more rather than "MEDIATION FAILED DESPITE OF BEST EFFORTS"

In other words, can they mention some kind of blame upon the boy if he refuses to take back the wife & refuses to pay XX amount? Is there any set law that they CAN NOT MENTION REASONS OF FAILURE IN THEIR REPORT?

 
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Bangalore

Originally posted by : rajiv_lodha

I came to know that mediators may mention something more rather than "MEDIATION FAILED DESPITE OF BEST EFFORTS"

In other words, can they mention some kind of blame upon the boy if he refuses to take back the wife & refuses to pay XX amount? Is there any set law that they CAN NOT MENTION REASONS OF FAILURE IN THEIR REPORT?

They will surely mention their findings as failed and give one explanation as to why it failed, take in writing what you said etc what she said etc, get you to sign it etc


What there to blame? nothing, two people dont want to live together what will mediator do?


Will they write and give boy adamant girl adamant?  Let them write whatever they want, what will happen?


Nothing, mediation has failed the judge will write down in his diary and the case papers, thats all.


Now I dont know why you are scared of such a thing,


Chill man.


Want wife, take her back.

Dont want wife, tell them that you dont want her back into your life.


Nobody will hang you for not taking your wife back ! No court on earth could punish you for not taking your wife back.

 
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Worker

only output of mediation :

report stating - Mediation Succussful / Failed.


nothing else appears on Record.


mediation can be helpful IF both the parties want to resolve the dispute amicably through WISE discussion.

otherwise its nothing more than a Fiasco.


if u r a husband - 

just assume that u are in a platoon headed by a rude Lady commander - she abuses u in all the ways - degrades u for nothing - does not listen to u at all - assumes that whatever wife tells is True & whatever husband tells is False.

 

my observation :

Mediation is a Time Killing process.


 
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zz

Sorry to read that above 2 posts reveal contradictory stand:

If blame is mentioned that boy is adament....It creates a lot of damage in the courts which have biased judges, they are just finding some excuse to damage boy's side. Many of judges sit on the seat with PREDETERMINED MINDSET. So in my view, things do matter if BLAME IS MENTIONED IN FAILURE REPORT. Experts/members who have been through the process may please tell:

1) Whether documents are generated (who told what) at mediation cell? Are these taken on record? Are these day nots sent back to main court at the end?

2) In summary report/final report, whether cause of failure is mentioned? To what extent mediator can write down damaging remarks?

 
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Worker

 

things do matter if BLAME IS MENTIONED IN FAILURE REPORT.

 

nothing is mentioned in the report except success / failure -

NO REASONS R RECORCED AT ALL.

 

1) Whether documents are generated (who told what) at mediation cell? Are these taken on record? Are these day nots sent back to main court at the end?

NO - NOT AT ALL.

 

2) In summary report/final report, whether cause of failure is mentioned? To what extent mediator can write down damaging remarks?

nothing - at all.


Total likes : 1 times

 
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zz

Is this universal or varies from place to place?

Is there any legal binding upon mediators too, how to write FINAL REPORT, are they legally also bound not to write blame?

 
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Worker

 

Is this universal or varies from place to place?

same for entire India

 

Is there any legal binding upon mediators too, how to write FINAL REPORT,

YES

 

are they legally also bound not to write blame?

YES - they can not blame any of the parties, if mediation fails.

 

mediation is a voluntary process, meant to settle the dispute amicably. One can also refuse to go for mediation, if he/she wishes - nothing can force a party to go for mediation.

 
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