Validity of mediation agreement
sudhir
(Querist) 08 September 2015
This query is : Resolved
My mediation with my estranged wife is going on at Supreme Court Mediation Centre in 498a, DV, 125 cases. She is insisting on coming back but I doubt her intentions as simultaneously she is deposing against me in trial courts and may use this as an opportunity to file fresh cases. By coming back for few days, she will also negate the desertion period of divorce. Now, the mediator has suggested an agreement that we live together for a trial period of three months during which no party can file cases against each other and if things remain bad, then either party will be free to take a divorce and other party will not oppose. Will such an agreement legally valid and will Supreme Court accept it?
P. Venu
(Expert) 09 September 2015
There cannot be any agreement against seeking judicial remedies.
Rajendra K Goyal
(Expert) 09 September 2015
The case is in the Supreme court, what are the views, advises of your lawyer?
sudhir
(Querist) 10 September 2015
I do not have a lawyer in SC. She filed the Transfer Petition in Divorce case. Since all TPs are decided in favour of women regardless of merit,I did not hire a lawyer to contest. But the SC sent the case to the mediation centre. She is insisting on coming back but simultaneously deposing against me.
T. Kalaiselvan, Advocate
(Expert) 17 September 2015
The assurances or agreements made before the mediator do not carry legal value and one may not bind by the decision agreement and the same cannot be even enforced by law. However there is nothing wrong in giving a trial for the suggestions made by the mediator.
