Legal Question in Family Law in India
what is the significance of informal agreement in mediation?
1 Answer from Attorneys
An informal agreement is a preliminary stage. It may or may not be binding on the parties; as if submitted to the mediator after signing becomes an award within the Arbitration and Conciliation Act and has force of law, but if expressed to a Court directly, be it verbal or written is within the scope of the discretionary powers of the Court. However it must be said that a verbal agreement before a mediator is not subject to the mediator's discretion and its terms can be changed by the parties after a further round of negotiation. If the mediator has acted upon the verbal agreement of the parties even then it can be changed until it is signed by the Parties.
HOWEVER THE ABOVE OPINION IS SUBJECT TO THE FACTS OF THE CASE.
RSJ/71022/1
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