Benefit of Pre Litigation Mediation
Bhaskar for SOCIAL JUSTICE
(Querist) 15 January 2011
This query is : Resolved
If one spouse is ready to compromise but the other one is not ready and one spouse goes to Pre-Litigation Mediation then if other spouse do not turn up then will there be any benefit to the spouse who goes to mediation for taking early divorce on the ground of cruelty and what will the views of court regarding maintenance.
What are the benefits of Pre-Litigation Mediation as compared to Restitution of Conjugal Rights (RCR).
Raj Kumar Makkad
(Expert) 15 January 2011
There is neither benefit nor loss by attending or not attending pre-litigation meditation centre except if both appear there and any mutually agreed settlement arrives.
No judge takes any adverse impact if any spouse fails to appear in pre-litigation counseling centre.
Bhaskar for SOCIAL JUSTICE
(Querist) 15 January 2011
So there is no benefit of going to pre-litigation mediation as she is not ready to go there.
Devajyoti Barman
(Expert) 15 January 2011
Yes there is no specila benefit attahced to the pre-litigation mediation. Court takes no presumption from the outcome of the mediation.
Amit Minocha
(Expert) 16 January 2011
Courts are not allowed to form opinion on the basis of mediation proceedings and further mediation proceedings are confidential and cannot be conveyed to Court.
Advocate. Arunagiri
(Expert) 17 January 2011
If both the parties willing for compromise the mediation center will help. If one of the party is unwilling, the mediation center will not be helpful.
Abhishek Marvi
(Expert) 17 January 2011
both party are agree to compromise than mediator are help ful to you
Bhaskar for SOCIAL JUSTICE
(Querist) 17 January 2011
So the court is not going to take any cognizance about their behaviour that ehy are adamant and not ready to compromise even through friends, relatives and mediation.
Then what is the best option for husband.
