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FAQ on Mediation

FAQ related to Mediation

* What is mediation?
o Mediation is a negotiation process in which a neutral third party assists the disputing parties in resolving their disputes. A Mediator uses special negotiation and communication techniques to help the parties to come to a settlement. The parties can appoint a Mediator with their mutual consent or a mediator can be appointed by the Court in a pending litigation. Mediation always leaves the decision making power with the parties. A Mediator does not decide what is fair or right, does not apportion blame, nor renders any opinion on the merits or chances of success if the case is litigated. Rather, a mediator acts as a catalyst to bring the two disputing parties together by defining issues and limiting obstacles to communication and settlement.

* Delhi Mediation Centre
o http://delhimediationcentre.gov.in/index.asp

* Bangalore Mediation Centre
o http://nyayadegula.kar.nic.in/

    * Why my case is referred to Mediation?
o Your case cannot be referred to mediation without both parties consent. You and the other party have to sign in front of the magistrate for your case to be referred to the mediation centre.

    * Is referring the case to Mediation compulsory?
o No

    * What will happen if I do not attend mediation?
o Nothing happens

    * Can a decision be forced on me by mediators?
o No

    * Is the presence of lawyer must in mediation hall?
o No

    * What preparation is to be done for mediation?
o Be cool and dont loose your temper. Attend mediation with open mind and be alert.

    * What is the outcome of mediation?
o Mediator will inform the judge of the outcome of the mediation by the way of pass/fail

    * Is the outcome of mediation binding on both parties?
o Yes

    * Is mediator equal to a judge?
o No

    * Is there an enquiry done by mediator?
o No

    * Do I have to present evidence to a mediator?
o No need

    * Will mediator record whatever I say in the mediation hall?
o No

    * My wife is demanding 20 lakhs in front of the mediator. What should I do?
o Dont give in to blackmail or demand

    * My mediation is wrt the divorce case but I have 498a and DV also. What will happen to them?
o If both parties agrees then a MOU will be prepared on which basis all cases will be withdrawn against each other

    * My wife has agreed to give mutual consent divorce for 4 lakh rs in front of the mediator. What should I do?
o You are the one to decide after considering all pros and cons

Categories: Mediation