Report has been filed by meditator that no settlement is done 

case will proceed on merits 

you are always at liberty to settle and file consent terms in court during pendency of court proceedings 

Dear Sir/Madam,

“Not settled in mediation” is a normal mediation endorsement and does not by itself mean you are being played.

If both husband and wife are still willing, you can request the court/mediator to refer the matter again or place clear written settlement terms before the court.

Keep the offer practical: total settlement amount, withdrawal/quashing of 498A/DV cases, mutual divorce timelines, and payment stages. Engage a local advocate in Coimbatore experienced in matrimonial, 498A, DV and quashing matters.

Advocate Saurabh Agrawal

The mediation failed and the file has been returned to trial court by the mediator.

Now  you have to look for reliefs through court alone.

If your advocate is not cooperating with you, there is no necessity tht you continue with the same advocate, you my terminate his services and engage a new advocate or you can directly talk to your counter part and arrange for a compromise settlement and inform court about it, the  court will guide you further in this matter especially if you are appearing as party in person after terminating the services of your advocate.

- The mediation may take many rounds with the consent of the parties

- Further , if she not agrees then you can mention the mediator to return back the file to the Court , and to decide the matter on merit. 

- If you are already on bail in 498A case then no need of worry and proceed the case 

- Further, if the said advocate not cooperating you then you can replace him , and the said advocate is bound to safe you. 

Dear Sir,

if you feel that your advocate is not doing enough for mediation and settlement, you may go ahead by bye-passing your advocate too and request the court for the same. If the matter is returned back from mediator without settlement, you may personally request the court for the same. And the matter may again be sent for mediation. You may sit down there and again explore the possibility of settlement. 

From the facts you’ve shared, nothing necessarily indicates that you are being “played.” In matrimonial disputes involving a pending 498A, Domestic Violence proceedings, and discussions for mutual consent divorce, it is common for mediations to take more than one sitting. A mediator recording “Not settled in mediation” for that particular date generally means that no settlement was reached on that day’s session. It does not prevent the parties from resuming negotiations later if the mediator or the court permits.  

Since both you and your spouse are personally willing to settle and the difference is presently between ₹20 lakh and ₹30 lakh, there still appears to be room for negotiation. The more important issue is whether all disputes—including the 498A case, DV proceedings, return of articles (if any), alimony, and mutual consent divorce—are proposed to be resolved together through a comprehensive settlement. Do not agree to pay any substantial amount unless the settlement terms are reduced into writing and linked to the withdrawal/quashing or disposal of all connected proceedings in accordance with law.

If you feel the advocates are adopting an unnecessarily adversarial approach, you may request the mediator to hold a joint or separate session with the parties directly. Ultimately, mediation is party-driven, and if both spouses genuinely wish to settle, the advocates should facilitate rather than obstruct the process.

Dear Client, It is very common for advocates to take a protective stance during mediation often because they are trained to focus on legal safeguards and maximize your position rather than emotional or practical goal of reaching the quick settlement When a mediator writes not settled in mediation it is a formal administrative step taken when an immediate agreement is not reached during that specific session This does not mean that the mediation process is permanently closed or that your efforts are wasted It is standard procedure for a mediator to keep the file open or allow for resumption if both parties indicate they are still willing to negotiate so the mediators statement that you can resume in the next hearing is procedurally valid.

You are likely not being misguided by the mediator rather you may be experiencing a gap in communication between your goals and your legal counsel’s strategy advocate sometimes fear that if a client settles too quick or on lesser terms it might reflect poorly on their advocacy If you and your spouse are truly in agreement on the core terms the mutual divorce and a figure between 20 to 30 lakhs you are in control of the situation The mediator is simply a facilitator the power to settle remains firmly in your hands.

To move forward you should have an open direct conversation with your advocate explicitly stating that you are willing to settle this matter and you want to bridge the gap between the 20 to 30 lakhs Please focus on achieving this settlement rather than continuing the litigation You can also suggest to your spouse that you communicate your shared desire for settlement clearly to your respective advocates or directly to the mediator in the next session If you are clear that you want this settled your advocates are professionally obligated to act on your instructions. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou