Do mediators get paid only for settling cases?
Guest
(Querist) 19 January 2012
This query is : Resolved
How is the payment for mediators in mediation centers? Do they get paid only for settling cases, or basic payment plus any incentive if the case is settled? My advocate told me that the mediator press for mutual divorce because he will get money only if the case is settled.
Raj Kumar Makkad
(Expert) 19 January 2012
It is true that very very nominal incentive is granted to the mediators. Basically their job is not for incentives rather it is social service. Generally mediators get Rs. 100/- for settlement of a case.
Devajyoti Barman
(Expert) 19 January 2012
Generally court fixes the fees of mediation for effective mediation between the warring parties.
If you have any grievance against the mediator then you can lodge complaint against him in the court itself.
Sanjeev
(Expert) 19 January 2012
The fees of mediators is not based on the settlement finalised by them it is fixed amount that they get but these mediators are generally lawyers and they are not in need of money but it is a sort of social cause though some do it religiously but some do it without making that personal effort.
There are just three options that they have in matrimonial cases:
1. reunite
2. seperate and pay alimony that would mean MCD
3. No settlement so keep fighting mediation failure.
Mediation is dependent on the personal qualities of a person not all who mediate are having such personal qualities who may get both parties in confidence some are such who just start with saying that how much money you can pay.
Deepak Nair
(Expert) 20 January 2012
Any plan to become a mediator??????
girish shringi
(Expert) 20 January 2012
In your case if you find it suitable to divorce or settlement you do accordingly.
Why to worry about mediator?
In many cases it do not work positively.
Guest
(Querist) 20 January 2012
Ok. Please see the given below case details..
Wife filed for annulment on my impotency.
RCR was filed from my side denying all allegations.
Counseling & Lok-adalat failed.
She, somehow, filed virginity certificate from a govt doctor.
I filed application for my potency test by medical board.
Court sent the case to mediation cell.
There she told the mediator that she is ready to withdraw all allegations if I agree for mutual divorce.
I denied that offer as there is an allegation of impotency and she made it public, I can't think about mutual divorce before my medical checkup.
But mediator insisted for mutual divorce and he was angry at me for not agreeing with him.
On last hearing date, one month after mediation, the court postponed the case saying the report not received.
Now I suspect either mediator did not forward the report or her advocate delayed the filing of report at court.
So, can I inquire at the mediation center if they had sent the report to the court? Should the mediation center give such details to the party?
V R SHROFF
(Expert) 20 January 2012
mediator report is confidential, and only state, Mediation " FAILED" or "MCD " SETTLED.
IT DOES NOT EFFECT PROCEEDINGS, OR MERIT OF CASE.
IF ANY OF THE PARTY DOES NOT AGREE TO MEDIATOR, THE REPORT DOES NOT DISCLOSE , WHO SAD NO.
Why should you worry, what Mediator get, Salary or commission???
Advocate does not file Mediator Report.
Mediator Report cannot contain any details.
It only Reports, Whether Mediation is successful / or failed, and party may fight to get justice. ,
Why should you inquire?? Court will inform you, ans asked the Petitioner to start Evidence
M/s. Y-not legal services
(Expert) 21 January 2012
yes am agree with shroff sir..
mediation's duty is just try to settle the issue between the parties., not only the mutual divorce., if both of you ready to reunion mean thats also success of mediation..
if both parties appeared before mediation mean that is enough., whether mediation got success or failed mediator can get his charge..
-tom-
Shonee Kapoor
(Expert) 31 January 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
