Legal Question in Family Law in India
Q1- What is the process of Mediation in the court and how it functions?
As husband has demanded for Mediation and date has fixed now.
Q2- What precautions should be tkn while attending Mediation and can Profs against In-Laws be shown to the Mediator or not?
Q3- Wud they be writing or recording our statements? and wud they be making any report ?
Q4- If husband and agree to live together in Mediation then what wud the nxt process?
Q5- And if both starts living and same problm(DV ) happens with the wife after some time then can wife re-opens the same case or she has to file new case from the begining?
Q6 - statying with husband from court order or from Mediation , Are both same thing?
1 Answer from Attorneys
Mediation is the process for amicable settlement out of court. Mediation, however, is part of court procedure. Mediation is with the consent of both parties.
The best thing in the mediation is to present what you want from the other side rather than going into the merit of the allegation. You have to find out solution and decide your case yourself with the help of mediator. So be clear and ready for what exactly you want. You need not show your proof to the mediator. Be rest assured that proceedings before mediator are confidential and do not go to the court. Report to the court in detail will be only with the terms of settlement if any. If there is no settlement, mediator cannot report as to who was at fault.
Mediator's report with terms of settlement will go to court which will become the order of the court and is as good as the judgment of the court.
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