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Can we request Judge to do mediation in property case among family


16-Apr-2023 (In Property Law)

Our parents are now senior citizens with no income, we are 2 brothers fighting over a property. Judge has met our parents during one of the hearing and has soft corner towards them. Since this is a family issue the matter was referred to mediation center, however the mediation was not successful. We strongly feel if the Judge does the mediation for 30 mins, the whole family problem will be solved. In extreme cases is there a provision where we can request the Judge to do the mediation?

Answers (3)

Answer #1
663 votes
You can once again request to refer the matter to the mediation. If paties requested for mediation judges bound duty to refer the matter to mediatiOn. If judge not agrees file memo or appln to refer the matter to mediation
Advocate Govindaraju K

Adv. Govindaraju K

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Answer #2
894 votes
Judge cannot mediate, judge can send the case Lok-Adalt, where the judge is the Chairman or you can seek the court to Mediation Center, you can seek any number of time but both parties to be appear before the Court.
Advocate Periyaswamy K S

Adv. Periyaswamy K S

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Answer #3
548 votes
You can request the Judge to do an in-chamber consultation for yourself and your brother. This in-chamber meeting is not prescribed under law but some Judges permit it in the interest of the parties. As your parents are senior citizens, the Judge may oblige you. Alternatively, you can also have the matter referred to the Lok Adalat - which is ordinarily presided over by a Judge, wherein you can discuss about your problems even in the presence or absence of a lawyer.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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