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Rajesh (Officer)     17 September 2013

Do the admissions at mediation cell will go to court?

Sirs,

The mediator at family court tells that the admissions done before the mediation cell won't go to the court, even if the mediation fails. Is his statement a reliable one?

 If mediation fails, Is there any report sent from mediation cell to the court?  If yes, What all will be it's contents?

 Plz advice.....



Learning

 5 Replies

Tajobsindia (Senior Partner )     17 September 2013

1. He is correct.
2. The report states either failed or successful.
3. When it states successful the agreement consented jointly by the partis in context and identified by parties Advocate is annexed for decree and/or for further proceedings in accordance with Law.

1 Like

Dr J C Vashista (Advocate)     17 September 2013

I agree with tajobsindia. However, the court again confirms the terms and conditions of the agreement if mediation is sucessful, which becomes Court order and binding 

rahul (director)     17 September 2013

you/she can admit anything in mediation... that is not legal value,

 

 

ramamani (practice)     17 September 2013

If mediation fails, the report to the court merely says mediation failed. So no questions asked in the court why it failed how or what were the negotiations.

 

If the meditation is successful , the joint agreement is enforced through the court.  it is final and no appeal lies. 

 

So you are free to discuss anything and find a solution 

Shantanu Wavhal (Worker)     17 September 2013

mediation is a futile exercise if one of the parties is having Malafide intentions.


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