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Contest (Proofer)     20 February 2015

Mediation

My Divorce case is in the state of cross examination of me by opp party advocate and the DV case is in the stage of chief examination of my wife.

Suddenly, the opp party asked for mediation in both courts and referred the case for mediation and conciliation with a demand of 12,00,000 as one-time settlement, but I am eager to contest the cases.

My question is,

1. Can i call off the mediation as stated in the Supreme Court's mediation program at any time during the mediation ? I have attached the PDF file of mediation by supreme court.

2. My advocate is pressuring me to go for a settlement ? Can i go to mediation without my advocate ?

3. There will be any repercussions if I not attend mediation session for which an official letter has been sent to me and received by me from Tamilnadu Mediation and Conciliation Center?



Learning

 3 Replies

Adv. Chandrasekhar (Advocate)     20 February 2015

1. You need not to quote any S.C. or H.C. decision for not participating/cooperating in the mediation.

2.  Mediation is a process, where the parties forgetting the formality of law try to come to an understanding to bury the hatchet by parting their ways peacefully or live together for better future.

3.  You may refuse any reconciliation for the following reasons those dominate your thinking process:

(a)  The amount sought is huge.  If so participate in mediation and haggle and get it reduced.

(b)  You are wronged.  So the perpetrator of wrong shall not be rewarded.

(c)   You have all the time in the world to fight the cases in the trial court and burn a hole in the pocket for litigation expenses.

(d)  You still love her and has hope that every sunrise next day will dawn wisdom in her how beautiful it is for her live with you.

(e)  The case is going very  strong and there is no chance for you to lost the case.

so on and so forth.... You go to mediation and tell the mediator send the case back to the court that you want to contest the case.  It will not affect the merits of your case before the court.

(LAST REPLY)

1 Like

Biswanath Roy (Advocate)     23 February 2015

Advice of Learned Advocate Mr. Chandrasekhar carries some value. You may follow his advice.


(Guest)

with due respect to advice of ld. sr. adv. chandrasekhar, feel it would b much better if ld. sr. adv. biswanath roy add his experience.
bcoz more the merrier.


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