Have you appointed a counsel (advocate)  to defend you?

1. Generally the mediator would be a senior and experienced advocate or even a retired judge.

2. The mediator will not shoot any question, instead he will ask both the parties to express their problems  and may even allow both of them to interact in his presence.

3. No, only the parties to the dispute are allowed inside the mediation room.

4. Remain silent and choose to answer or deny her allegations when your turn comes.

5. You may deny her allegations and  express your grievances against her.

6. You can decide about it that whether you want to continue the married life or to discard it through a divorce case. 

7.  You will be allowed to interact.

8. It may last not more than 30 minutes.

9. Generally it would be around two or three sittings

10. you may not be allowed to record.

11. Not necessary

12. He cannot 

13.No, the mediation incidences will confine to mediation alone, the trial of the case will be conducted on its own merits. 

1) mediator is generally a judge 

2) the objective is to help parties reconcile . The mediator explores possibility of reconcilation 

3) advocates attend mediation 

4) your conduct should be that you want wife to return to her matrimonial home 

5) state the facts of case 

6) you don’t want divorce but if wants you are agreeable for divorce by mutual consent 

7) you can speak to your wife 

8) it should be around 30 minutes or so 

9) there would be around 3 sessions or more 

10 ) no audio recordings are permissible 

11) not necessary to carry any evidence 

12) there can be complusion to agree 

13) it cannot be used against you 

Judge summons both the parities with their Advocate in to his chamber and ascertains the views of contesting parties in an effort to settle the dispute. Proceedings of mediation are independent of trial and do not have any bearing on the adjudication of dispute by the Court.

1. The judge himself preside over mediation.
2. No questions will be asked to any party.
3. Advocates of parties allowed in mediation but have no say.
4. Keep you cool, use dignified language.
5. Whatever you say will not in any way affect your case.
6. Mediation if not a deep inquiry, topics not the subject matter of dispute will be allowed to be brought up.
7. It is better not engage with opposite party, you should address only the judge.
8. It will not last, judge will immediate sense the mood of the parties and if there is no possibility of settlement proceeding will be wound up immediately.
9. It is only on secession.
10. It is highly illegal to record proceedings.
11. No evidence is taken in mediation, reserve that for Court.
12. No one will force you.
13. Result of mediation will not have any effect on dispute.

1 Mediator are appointed by courts any advocate having relevant experience can become mediator.

2. Mediator calls both the parties together and also in single session to know their problems and issues .

3. Generally parties are allowed there but at the time of settlement advocates help can be taken.

4. No need to answer everything you don’t feel so or deny every allegations.

5. Without using unparliamentary language you can say anything you want.

6. If both parties agrees then record both parties statement for going for mutual divorce otherwise deny and go to court for contesting. 

7.  Mediator will ask both parties to talk in front of him so the dispute may reconcile.

8.it depends some times half n hour or more than two hours.

9. Depends if goes positively then 4-5 sitting otherwise will end in second session.

10. Recording any proceeding is illegal.

11. No need because the mediator is not deciding your case. He is just trying to settle your dispute amicably.

12. No

13.No

It's just a simple session to get a settlement between parties. 

Advocates are generally not allowed only parties. 

The time duration is not fixed. 

you can't record it legally. 

No one can't force you. 

No it can't be used

Dear Querist

My opinion on your queries are as under:-

1.What is the Qualification of the appointed mediator?

Opinion: he/she may be an advocate or A person who possess a decree in Psychology or social services.

2. What are the Probable questions posed by the mediator during the meeting?


Opinion: he/she tried to save the marriage first and if not possible then for mutual consent divorce.

3 Are advocates of the wife and husband allowed to attend the mediation meeting?

Opinion: yes they will be available with their client. 


4. How should our conduct be during mediation meeting?
Opinion: as a prudent person, we should try to resolve the matters amicably.


5. What to say and what to definitely not say during mediation meeting?
Opinion: control on your anger and language and you may say anything before the mediator, even you may discuss all your personal information, mediator always ready to resolve the matters.


6. What to say if the topic of divorce comes up during mediation?
Opinion: Be honest, if you want then inform him/her about your thoughts.

7. Should we speak to wife directly during mediation or avoid communicating with her and only respond to the mediator?

Opinion: if she is also interested then you should, it will be better for both of you to settled the matter amicably.

8. How long does 1 mediation session last?
Opinion: it's depend on the circumstances of the matter there is no specific time limit for the same.


9. How many such mediation sessions are conducted?

Opinion: it may take more then 3 sessions

10. Is it legal to record audio of mediation session using recording device.

Opinion: No, mediation proceedings are confidential and you can not used anything by recording or otherwise.

11. Are we required to carry any evidence during mediation?
Opinion: No, there is no requirement.


12. Can the mediator force us to agree on something?

Opinion: No mediator cannot forced.you may file a complaint against him if he forced you even try to forced you.you may apply for changing the mediator in case you are not satisfied with him or her as his behaviour, attitude or language.

13. Can whatever discussed during mediation be used against me when the hearing takes place?

Opinion: No, as this proceedings are confidential in nature hence cannot be used against any party of the proceeding.

Feel free to call

Dear Sir/Ma'am

The judge himself will preside over this mediation.

Your advocates will not have any say in the proceedings and can only advice you.

You are not permitted to record proceedings and you cannot be forced into mediation without your consent.

Thank you

1. The Mediator generally a Lawyer or a retired judge.

2. Just they will try to reconcile the dispute between the husband and wife 

3. Yes, 

4. Positive , so that the mediator can solve the issue 

5. Only allowed to say the ways of solving the issue amicably , and no dispute as in trial of the case

6. Depend upon the both parties , what they want. 

7. Yes, you can speak to her freely 

8. Depend upon the circumstances and not fixed

9. 10 and above

10. No

11. No

12. No.

13. No, it the mediation fails then case will return to the court where it was pending . 

The allegations in the DV case is different to that of the interim maintenance. The court may allow interim maintenance without considering your documentary evidences that you propose to file along with the counter to her petition. 

You can file any number of documents that you rely upon to nullify her allegations however please bear it in mind that the electronic evidences are not admissible as primary evidences by court unless it is accompanied by a certificate under section 65b of Indian evidence act. 

The court may not read your counter statements or the documents that you submit,  at this stage. 

You would be allowed to mark the admissible documents at the time of deposing your side evidence as exhibits. 

There is no limit only the necessary evidence needs to be relevant

There is no limit to exhibits you can enclose in your reply 

2) your lawyer during trial has to draw attention of the court to documentary evidence e in your possession which disprove wife claim 

3) if wife is unable to prove her allegations she would not be granted any reliefs by court 

Every piece of paper and electronic evidence  will be scrutinized minutely by judge personally. It is his bounding duty. All electronic evidence video, audio, texts, emails, whatsapp  is valid and admissible in Court and will be counted in deciding the dispute.   

- Legally there is no limit to file the exhibits in support of your case , but these proofs must be as accordance of your reply in the case filed by your wife. 

- Further , as per Evidence Act , photos, e-tickets, audio recordings, video clips, bank statements, payment invoices, etc. are admissible in the evidence . 

- Further, as per Section 65A of the Indian Evidence Act, 1872 , The contents of electronic records may be proved in accordance with the provisions of section 65B.

- Further, Audio /video recordings are admissible as evidence, if they appear to be trustworthy, genuine and have been corroborated by other evidence. 

- However, for interim maintenance you have to prove that she is having sufficient income for her maintenance or legally due to other circumstances she is not entitled to get any maintenance.

Dear Sir, 

1) There is no limit on the evidence that can be submitted.

2) The court will have to look at all the exhibits as according to the principal of natural justice, both the parties must be given an opportunity to be heard.

3) The judge verifies the authenticity of the evidence produced by you.

Thank you