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gauri (Sr. executive)     06 September 2011

Mediation

Dear All,


The judge is suggesting that we should go to a mediator to settle the matter. My only concern is that I want all me things back in a peaceful manner. I have no intention of troubling anyone or hurting anyone.


My questions is:

On the mediators recommnedation will the court issue an order to give away all my valuables that are currently with the respondent?

After the mediators report will the case continue further if the respondent does not agree to give away my articles?

 

Please do let me know the exact working procedure of the mediator and whether he can really assist me to get rid of this mess ASAP.

 

Looking forward to your response.

 

Regards



Learning

 25 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 September 2011

Mediator is only a bridge between you and your opposite.  He/she  can help you both to compromise.He/she tries to solve your problems , difference of opinions etc.,  He has no right to pass any orders or recommend to the court.

SURESH KUMAR PATRA (ADVOCATE MEDIATOR & TAX CONSULTANT)     06 September 2011

I do totally agree with the comments of Adv. Rajeev.

gauri (Sr. executive)     06 September 2011

Thank you for your replies.

The case is on board for more than 2 yrs. I have submitted a list of 27 witnesses. The Judge says onle one witness will be examined on one date. If this continues the case will not end for ages to come.The judge gives dates of a one or 1.5 months gap. This is a domestic violence case. Indirectly the judge is forcing me to accpet the terms and conditions of the opposite party.

 

I have tried a family counsellor and all types of mediations but, the opposite party does not want to co-operate. Kindly let me know all possible options to expedite the matter?

Looking forward to response.

 

Regards
 

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     06 September 2011

Hello Gauri,

Pls elaborate:

What is the main problem ?

Are u staying together?

What are your demands ?

What are their demands ?

What do you want ?

 

Thanks

Adv. Chandrasekhar (Advocate)     06 September 2011

What relief have you sought?

Is it only recovery of stri-dhan?  If so, it does not appear 27 witnesses require to prove the case.  Any how, in DV case, 27 witnesses appear to be more than required.  You can drop several witnesses, whom you might be bringing to corroborate the facts again and again.  Reg. mediation, I agree with Mr. Rajoo, advocate.

gauri (Sr. executive)     06 September 2011

We are seperated for more than a year now.  I have given him money , for which I have submitted my bank statements. I want back all my belongings and money.

27 witnesses are official witnesses like bank represntatives, municipal corporation representatives etc.

The opposite party says they will not give back anything. Even if they agree to give back , they will damage all the belongings. Also I am scared that there can be trouble from the opposite side in future also. They say that as the marriage ceremony was conducted as per their terms and conditons, similarly even now the end of this relation also will happen as per thier terms and conditions.
They have a very patriarchal way of thinking and also they have criminal background which also has been brought to light.


If the judge agrees to expedite the matter and court makes some official orders only then there will be some hope to settle this in a peaceful manner.

Inshort, only court can help me to get back my belongings safely and in a peaceful manner. it will also ensure my future safety. Hence need to know how can this matter be expedited?

Tanu Mehta (Counsel/Advocate)     06 September 2011

Gauri, I would suggest, please try the mediation.  It cannot harm you; if the other side  is stubborn, then the mediator will file a 'failed' report, and the matter will go on in Court. If the Mediation actually succeeds, then you will be much better off. Please keep an open mind and go for mediation. It will help you .

Tanu-9324423501

Ravinder Gupta (Advocate)     27 September 2011

Gauri

Mediation is process which is totally confidential and less expensaive. The mediators who conduct mediations are trained mediators and they have been trained to deal any situation including  yours. The mediator only assit both the parties to reach to any settlement.. You will find win win position whcih will satisfy you and will put full stop all future litigation. Mediator are having ability to persuade both the party to a common solutions . By using this process u can be benefited. You can get your stridhan back as well as Divorce by Mutual consent . Both parties will withdraww all pending litigations. You can start your life afresh. dont waste your time which is prccious and get the benefit of mediation. Recently in a programme four supreme court judges and many high court judges of Delhi high court emphasises the need to use this alternative process as a justice delivery system.  They talked about benefit of mediation. So u must try this process and if you get benefited must tell others too because there is lack of awareness about mediation....Ravinder Gupta-Advocate Mediator, Delhi Mediation Centre, Tis hazari Court, Delhi-110054.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     27 September 2011

 

Dear Mr.Gupta,

 

If one party is ready to go for mediation and other is not ready to go and no case is pending in any court /forum then what to do ?

If the party who is ready goes for mediation and other party did't turn up then will there be any benefit or not.

Please advise.

 

Thanks and regards,

 

gauri (Sr. executive)     27 September 2011

Dear Mr. Gupta,

Thank you for the valuable information. I would really like to take help of mediator, hope the respondent agrees to it.

 

Thank you.
 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 September 2011

 

Dear Bhaskar,



If one party is ready to go for mediation and other is not ready to go and no case is pending in any court /forum then what to do ?


THE COURT CANNOT FORCE ANY PARTY TO ATTEND MEDIATION/ COUNSELLING. IT IS AN ALTERNATIVE DISPUTE RESOLUTION MECHANISM, WHICH IS PURELY OPTIONAL FOR BOTH PARTIES LIKE LOK-ADALAT. 


If the party who is ready goes for mediation and other party did't turn up then will there be any benefit or not.


NO BENEFITS OR LOSS TO ANYONE IF MEDIATION FAILS/ ONE PARTY DOESNOT ATTEND. THE CASE IS REMANDED BACK TO COURT AND STARTS FROM THE STAGE IT WAS SENT TO MEDIATION.


REGARDS,


SHONEE KAPOOR

HARASSED.BY.498A@GMAIL.COM

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     30 September 2011

Dear Shonee Ji,

 

What is the way forward to husband if he is realy interested to settle the issue with wife who has left and statuing with her parents for last more than 16 months without any reasonale cause.

 

If he files divorce she will file Domestic Violence etc. else husband has to accept all her unreasonable demands.

 

What is the way forward.

 

Please guide.

 

Thanks and regards

gauri (Sr. executive)     30 September 2011

Dear Bhaskar,

 

Allow me to answer this, as a wife i have also faced a similar position only difference being i was asked to leave the mairtal house and I had to try various ways to establish communication with my in laws:


1) try mediation through common relatives, friends and NGOs. Only be careful that the your attempts have to be documnted, like send a registered post letter for discussion etc.

2) Send her notice to establish conjugal rights.

3) DV case need not be filed only be females, if you are suffering out of her behaviour, you can also file a DV case against her and then go for mediaton or counselling.

 

But filing th case should be the last option. Please be patient, dont let our ego or your parents ego damage circumstances. There surely must be some misunderstanding, which can be cleared with patient discussion.

When both of you are truly convinced either that things will work between you or things cannot work between you then things will become simpler.

Do not compromise on your self respect at the same time do not let EGO damage your life.


May God bless you.


 

 

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     30 September 2011

Thanks Guari Ji

But she and her parents are very adamant.

Whenever i called her mother picks and talk in disrespectful manner.

Last year when i went to their house  she talked nicely and gave no also and kept on talking to me for 1 month and one day said u take divorce and get married again and stopped responding to me.Since last 10 months there is no communication in any form.

Please advise how to break the ice.

 


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