ktkaran (maanger) 03 July 2013

Transfer petition-proceedings stayed matter sent for mediat

Hi,

My case listed suddenly for first hearing ,i got application copy of My wife only a day earlier from opposite party,anywayz

In my case SC issued notice and sent matter 2 mediation .Also proceedings were stayed in cases in which TP is asked for .Queries:

1.)Does mediation mean proceedings stay only on matters listed in TP or on all martrimonila cases(Court in its order has mentioned only cases pertaining to TP).If only TP cases stayed then how will mediation take place as criminal cases will keep on running.

2.)How many meetings take place in SC mediation is it one only or more than one

3.)Strategy to mediate (I know this is bit difficult)

rgds

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2 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 04 July 2013

Dear Querist,

During mediation process in SC, you may explore of settling down with your spouse. No convesation is recorded. Its completely informal, friendly and no arm-twisting. However, both parties should agree to agree and not otherwise. It takes two-three sittings depnding upon many factors.

If both parties agrees to settle any reasonable point, Ld. Mediator writes his/her report accordingly. Else, if mediation fails, matter is returned to Hon'ble Court and hearing on transfer takes place.

ktkaran (maanger) 05 July 2013

Dear Robinji,

I am really thankful to you for providing your valuable inputs.It means if mediation fails then Mediator doesn't make any report and just write mediatuon failed without citing reasons for failure?

But in case of successful mediation he drafts a proper report and send Right?

In my case court has given that matter be listed after mediation centre submits its report and for submitting report mediation centre is given 2 months time.

rgds