Applied for stay order of divorce, HC ordered mediation

765 votes

The Honable Court has got ample power to put cases for meditation. Through mediation the matter can be settled amicable or dispose the matter on terms or on merits. So speedy remedy is available.In stay order issue there is no legal bar to put to mediationl

Advocate Girish K. Raj LawRato

584 votes

hai.

its not fair practise to answer such queries here. admitedly u have your counsel to discuss such aspects. he will guide u through. the queries here are most mentioned for people tat comes with a freah dispute. dont use this platform for secondary opinion

Advocate Manoj George LawRato

937 votes

Mediation is an informal dispute settlement process run by a trained third party, called a mediator. Mediation is intended to bring two parties together to clear up misunderstandings, find out concerns, and reach a resolution. The process is voluntary. During the mediation, each side will present its view of the issue, and the mediator will work with each side to attempt to work out a settlement. At the end of the process, the mediator can present his or her findings and present a potential solution to the issue. The mediation process, unlike arbitration, is non-binding; that is, the mediator does not impose a decision on the parties, but he/she attempts to present a solution that is acceptable to both parties. Mediation process once started can last for maximum 60 days. It can happen multiple times within this period. At the end of it the mediation centre has to send their report to court, whatever be the result of mediation – success or failure.

Whatever is said during mediation is not used for any legal or court purposes. No written records are kept. So one can say something without fear of being incriminated based on that.

If an amicable settlement of dispute is reached between parties, the mediator will ask the parties to put that in writing. That document will be sent to court. The final agreement will only happen with a court approved document. So the job of mediation centre is to facilitate on reaching mutual agreement and not taking over job of courts.
Mediators use various techniques to open, or improve, dialogue between disputants, aiming to help the parties reach an agreement. Much depends on the mediator's skill and training. As the practice gained popularity, training programs, certifications and licensing followed, producing trained, professional mediators committed to the discipline.

The Advantages Of Mediation
1. Mediation takes much less time compared to litigation. Therefore, the fee charged by mediator may be same as that of the attorney but the lower amount of time spent in proceedings means one has to pay lesser than as compared to litigation proceedings.

2. The mediation proceedings are strictly confidential in nature, unlike the courts where public can visit anytime and be a spectator to someone else’s tragedy.

3. Mediation is an enabling provision which enables the parties to exercise some control over the resolution. In litigation, judges or jury exercise the ultimate control. This helps in arriving at a mutually agreeable solution between parties.

4. Mediation proceedings are carried out to obtain consensus amongst parties regarding a solution that may be either proposed by the mediator or by either of the parties. Therefore, the result of mediation is generally complied with by the parties.

5. There is a mutual agreement between parties to work towards reaching a solution that is acceptable to both. They are ready to make some adjustments towards their interests and claims. This preserves the relationship between parties.

6. Mediators are trained in working with difficult situations. The mediator acts as a neutral facilitator and guides the parties through the process.

The functional stages involved in mediation are listed below:
1. Introduction and Opening statement
2. joint session
3. separate session
4. closing

In your case the transfer petition is not heard by the high court at the time of mediation. Check whether stay is allowed or not in your petition up to a particular time inter well. ?

Advocate Ajay NS LawRato