No things is mediation cannot be used in court
Court mediation in Maintenance case
After having set aside the maintenance orders a couple of weeks ago, court has referred us to mediation in Vijayawada, Andhra Pradesh. There have so far been 2 mediation sessions and a 3rd one scheduled at the end of the month. Next hearing date on the Maintenance set aside is on June 27th 2022. Can whatever has been said with court mediator be used against each other during court proceedings in case mediation fails? Thank you
Asked 2 years ago in Family Law
Religion: Hindu
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7 Answers
It cannot be used against each other if mediation fails
only report is submitted to court that mediation has failed
In case the mediation fails then the case will be reverted to the court for conducting further proceedings as per provisions of law and not on the basis of what has occurred in the mediation centre.
Therefore the mediation proceedings will not be taken into consideration to decide about the pending case before it by the trial court.
- Mediation is a forum where disputes and issues can be heard and addressed by the parties with the help of a neutral third party , and the mediator after listening the parties can proceed for a settlement
- However, this mediation order/settlement is not bound before the court , and hence either of the party can deny the terms of the mediation , and can continue the trail of the case.
- Hence, if mediation fails , then court will proceed for completing the trial of the case.
Nothing comes out of mediation room except a report (if it is which agreed and signed by both of you and lawyers).
incase of failure to reach settlement, only 1 line comes out "Mediation Failed"
You already seen 2 mediations.
Dear Client,
Yes, it can be used against each other if mediation fails.
Thank You
Dear Sir,
It is a confidential matter and the discussions made in the mediation cannot be used each other. No recordings can be made in respect of proceedings of mediation and even if recorded cannot be produced in the Court to take benefit in respect of mediation discussions. Mediator is not suppose to make any notes and he/she is not suppose to make any report to the Hon’ble Court. In case of failure of mediation a single sentence report will be sent as “Mediation failed”. In case of successful mediation memorandum of terms of compromise will be entered into and reduced into writing and sent to the Court for allowing the divorce petition or otherwise petition in terms of such terms.
