Do husband counsel has a right for to do mediation in highcourt?

792 votes

I’d your advocate is calm get the info why he or she calm and when u don’t have trust in your advocate take NOC and change the advocate who fights fir you and stands for you in court, approach us we will assist you

Advocate Rajkiran Govindcar LawRato

804 votes

If the person who acted as mediator is professionally associated with your husband’s senior counsel, you should immediately disclose this fact to the Mediation Centre and seek replacement of the mediator. The issue is not merely whether she actually favoured your husband; the existence of a professional connection itself may create a reasonable apprehension regarding independence and impartiality. Do not participate further without placing your objection on record. Your advocate should file a written objection seeking termination/replacement of the mediator and, if necessary, bring the issue to the notice of the High Court in the pending 498A proceedings. Preserve all documents showing the mediator’s professional association with your husband’s counsel.

Advocate Pavani Kumari LawRato

913 votes

Namaste Your main grievance is a valid one A mediator must be neutral If the lady who conducted the mediation is in fact one of the counsel appearing for your husband she was disqualified from acting as mediator in the same matter Both the Mediation and Conciliation Project Committee rules governing court annexed mediation and Section 14 of the Mediation Act 2023 require a mediator to disclose in writing any circumstance that raises justifiable doubts about her independence or impartiality Appearing for one of the parties in the very same case is the clearest possible conflict So the mediation is liable to be treated as vitiated What you should do now and do quickly is this First gather proof before you complain Get a certified copy of the order by which the High Court referred the matter to mediation and the order or memo by which the mediator was appointed Then obtain the cause list entries the vakalat and the memo of appearance filed in the quash petition to show that the same person is on record or has been appearing for your husband Without documents it becomes your word against theirs Second file a written complaint before the Judge in Charge of the High Court Mediation Centre setting out the conflict annexing the proof and asking that the reference be treated as vitiated and that a fresh neutral mediator be appointed Simultaneously file an application in the pending quash petition itself bringing the conflict to the notice of the Bench and seeking recall of the reference The Court takes such complaints seriously because it reflects on the integrity of its own mediation process Third on the stay continuing for over a year the position after the Constitution Bench judgment in High Court Bar Association Allahabad versus State of Uttar Pradesh 2024 is that a stay does not vacate automatically but the High Court is expected to decide such matters expeditiously and you are entitled to move an application for vacation of interim stay or for early hearing Since the mediation has now failed or stands compromised that is a good reason to press for the quash petition to be heard and decided rather than left hanging Fourth one relief for you Whatever was said in mediation is confidential and cannot be used against you in the trial Do not sign any settlement memo or joint statement If nothing was signed no harm has been caused to your case on merits On your own advocate if she sat through the sessions without objecting to an opposing counsel acting as mediator you are entitled to ask her in writing why no objection was recorded If you are not satisfied with her response you are free to engage another counsel A few facts would sharpen the advice Was the mediation conducted at the High Court Mediation Centre or privately outside court Is the mediator formally on record in the quash petition or only assisting in court Has a mediation report already been filed before the Bench And what is the present stage of the criminal case in the trial court These will decide whether you seek a fresh mediation or simply press for early disposal of the quash petition Act on this without further delay since the more time passes the harder it becomes to explain why the objection was not raised earlier

Advocate Naresh Gaddapati LawRato