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Lata (trainer)     03 May 2016

Query on the mediation procedure

Hello to all

The good thing that I have heard about mediation is that if Mediaiton is not successful then the case can resume from where it had paused.

This is another query on getting  the  Mediaiton done  through a court approved mediator.

A valid case where there is no issue linked  with the jurisdiction of the court .

In such a case if a situation exists  where the advocate of Plaintiff or defendant is not in favour of the case going in the Mediation Phase, then can the plaintiff / Defendant bypass their advocates (who are reluctant ) to enter mediation and request the court to help out in Mediation . 

Can a plaintiff take NOC from advocate and transfer the case for mediation.

The point to be noted is that the case deserves jurisdiction and is free from objections linked with jurisdiction. But the advocates /advocate is reluctant to pass on the case for mediation. In such a case what can be done to enter Mediation?



Learning

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