Mediation

Harsh (Querist) 27 August 2011 This query is : Resolved
Is the decision of Delhi Government Mediatin Centre is binding orhaving judicial powers?

Follow Query

Report Abuse

Guest (Expert) 27 August 2011
The order is a amicable settlement between parties. It is not a ratio decidenti. The scale cannot be taken into each and every case. There is no binding nature.

Devajyoti Barman (Expert) 27 August 2011
Yes unless the parties enter into an amicable settlement , the mediation center can not pass any order of binding nature.

Kiran Kumar (Expert) 27 August 2011
Mediation Centre, Lok Adalats are to meant to introduce amicable settlement between the parties.

these bodies can not pass any judgment, in case the dispute is not resolved then they are supposed to refer back the matter to the court.

but if the parties enter into a compromise there and resolve the matter with their own will then such settlement and order of the center will be binding upon both the parties.

Harsh (Querist) 27 August 2011
Thanks to all.
I want to ask here that if the parties comes to the settletment and the mediators prepare the condition for settement and the parties even signed the settlement than if any of the party if on breach or unable to perform some condition of the settlement in future than can other party sue to first party or take action? Moreover, if the settelement clause contain that both the party will not give any cause of any further complaint against eah other.

Harsh (Querist) 27 August 2011
Thanks to all.
I want to ask here that if the parties comes to the settlement and the mediators prepare the condition for settlement and the parties even signed the settlement than if any of the party if on breach or unable to perform some condition of the settlement in future than can other party sue to first party or take action? Moreover, if the settlement clause contains that both the party will not give any cause of any further complaint against each other.