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

You need to try to resolve in mediation else it’s of no use: once failed the matter will come for regular proceedings 

Based on the facts provided, the mediation proceedings appear to be proceeding in a normal manner. The entry in the mediation diary stating “Not settled in mediation” does not necessarily mean that the mediation has failed permanently or that the matter is closed. It generally indicates that no settlement was reached on that particular date.

Since both parties are still willing to explore settlement and the mediator has indicated that the matter can continue on the next date, it is possible for mediation to be resumed. Mediators often give parties additional time, especially where there is a difference in settlement expectations but a possibility of compromise exists.

However, the behaviour of the advocates should be observed carefully. If both parties personally wish to settle but their advocates are taking rigid positions, it may be useful to communicate directly during mediation that both spouses are willing to negotiate and request the mediator to facilitate discussion on the settlement amount and terms.

The difference between ₹30 lakhs and ₹20 lakhs is a negotiable gap and does not necessarily indicate failure of mediation. A practical approach would be to consider factors such as financial capacity, litigation cost, time involved, withdrawal/quashing of cases (if any), maintenance claims, return of articles, and final closure terms before arriving at a settlement figure.

At this stage, there is no clear indication that you are being "played." The fact that the mediator allowed continuation suggests that the mediation process remains open. However, you should ensure that:

1. Settlement discussions are properly recorded through the mediator.

2. No unnecessary delays are caused without genuine negotiation.

3. Any settlement reached is documented through a written settlement agreement/MOU and incorporated into appropriate divorce proceedings.

It would also be advisable to ask your advocate for a clear strategy regarding the next mediation date — whether the intention is to genuinely negotiate or merely prolong the proceedings.

This is a good strategy suggested by your advocate, however the problem is that this is a clear case of multiplicity of proceedings and you may have to spend your time, energy and money for the now litigation i.e., at high court  and there is no guarantee for the suggested assurances 

Do not get frustrated over the delay, wait patiently, allow the turn of things to happen after which you can decide about adopting the new suggestion made by your advocate.

Courts are generally hesitant to halt DV proceedings entirely unless you show clear evidence of bad faith, such as them ignoring multiple mediation dates while simultaneously pursuing your funds.

2)The law prioritizes the financial survival of a dependent spouse, so lower courts can—and usually do—proceed with interim maintenance orders even if the main trial is delayed.

3) you can file application for expedited trial in HMOP case 

Yes

On Mediation Validity: The mediator’s note “Not settled” simply closes that specific session; it does not invalidate the entire mediation or mean you are being played. Under Section 12A of the Hindu Marriage Act and DVC procedural rules, the mediator can always reconvene for another hearing, as he suggested. Advocates often act defensively to protect their clients’ bargaining positions, not necessarily to sabotage a settlement. Your 20L vs 30L gap is a normal negotiation range. Do not interpret the diary entry as a final failure—it is merely an administrative update. Use the next hearing to propose a midpoint (e.g., 25L) and insist on a written settlement draft, which will force genuine engagement rather than posturing.

On Your Advocate’s Strategy: This is a valid, aggressive tactical move. Moving to implead or remove your parents from the DVC (if they lack direct involvement) can protect them from coercive maintenance or arrest orders. Simultaneously applying for a stay on lower court maintenance proceedings, citing your pending 2023 HMOP (Hindu Marriage Original Petition), is legally sound—courts often pause interim maintenance when the main matrimonial trial is close to final disposal. Seeking an expedited trial order pressures the other side to settle, as an early final decree may render interim maintenance moot. However, stays are discretionary; ensure your advocate files strong jurisdictional grounds. This strategy escalates litigation but shifts leverage in your favor—execute it immediately if the other side continues dodging.

Dear Sir,

Applying to higher court for expediation of trial may be one of the options to bring the opposite party to the settlement as the talks of settlement may be done during hearing of the said application.  

Dear Sir/Madam,

The proposed strategy is partly valid. Your parents may seek quashing/stay if the DV complaint contains no specific allegations against them, but relief is not automatic.

An expedited hearing of your 2023 HMOP may be requested, but it will not stop the DV Court from deciding interim maintenance or passing other orders. Only a specific stay order from the competent appellate court/High Court can prevent further proceedings.

Continue settlement discussions, but contest each case on time and do not rely on mediation alone. Obtain a written opinion from your advocate stating exactly which proceedings and orders are proposed to be stayed.

Advocate Saurabh Agrawal