More on the mediation process …

More on the mediation process …

Dear Brother

>On my date of RCR on ___ / __, opposite party
>started demanding reconcilliation in mediation
>cell although the case was at the stage of
>”petitioners wittnesses”.

This is pure delay tactics and should be pointed out to the judge. Most probably the judge told you that you are being referred to mediation and not know what that meant, you accepted to the process. Well past is past. So now please read further …

>I just want to know, what type of report in
>the end ‘mediation cell’ could give out. Does
>this report reveal who is at fault or some
>other true facts (except those written in the
>petition and reply to petitions)?

Every party going for mediation is entitled to know about the mediation proceess AT OR BEFORE the start of mediation

Advocates are NOT permitted into the Mediation center IF PARTIES object. for e.g. if you object, both advocates have to wait outside. So use that facility IF you are very sure of the law and are more confident than your wife.

At the beginning of the mediation please ask the following questions VERY POLITELY, TO THE MEDIATORS

1. What is the evidenciary value of mediation ? [we know the answer, but still ask]

2. Can the proceedings in mediations, facts that have come out in Mediation be used in the case [we know the answer, but still ask]

3. If at the end of the mediation, if both parties do NOT COME to an agreement [ please note I am NOT saying both parties should start living together…] I am just saying both parties do NOT come to an agreement, what happens ? ask this question as well, though we know the answer

The idea here is to set the scene and clear the ground and make the mediator aware that you are aware thru his statements

Do NOT act like a lawyer. Act like a loving husband, … A dutyfull son, an honest citizen etc etc etc …but do NOT give in to blackmail

Now let me answer your questions
==================================================

ref here for more on mediation process

http://evinayak.rediffiland.com/scripts/xanadu_diary_view.php?postId=1180330765
or
http://tinyurl.com/22245j

Mediation can be one sitting or multiple sittings. Many times it is more than one sitting.

If the mediation failed the mediators are supposed to refer the case back to court !!! that’s all. BUT PLEASE READ THIS WHOLE NOTE AND POST QUESTIONS IF ANY before you jump into a mediation

>If i _indirectly_ say in the mediation cell
>that there are no chances of further
>reconcilliation, will it be negative for my
>case.

again !!!!!! please note MEDIATION IS NOT RECONCILIATION.

COUNSELLING IS AIMED AT RECONCILIATION – i.e. living together blah blah

MEDIATION IS AIMED AT SETTLEMENT. Settlement may be that both of you break away – AS WELL !!!!. This is a subtle difference NOT told to you even by many lawyers.

In addition to above : Some important thing(s) to remember in mediation

– DO NOT RELEASE all your trump cards. Proceedings in mediation are NOT of evidentiary value later. So do NOT release your trump cards.

– Observe the opponent

– Take time to expose the oppponents lies

– for e.g. a cruel wife, a wife who tried suicide and tried to frame the hubby, may come to mediation and fall at the hubby’s feet and seek marital life from that date. Politely remind the mediators the terror you went thru when she gave you the suicide threats…

– seek proof where necessary. For e.g. if wife says you are earining a million, seek proof

– when wife counters stating “..what are you earning then ..” , counter her politely that you are NOT ready to discuss that as she is NO longer living with you as a LOVING wife…but she is an opponent in a legal case !!

– YOU DO NOT HAVE TO ACCEPT / AGREE TO A SETTLEMENT in one go. Do NOT do that mistake. As an NRI I was hoodwinked on that aspect

and so on ……

>I just want to know, what type of report in
>the end ‘mediation cell’ could give out.

[…….]
>My lawyer says there is nothing to worry here
>just pass time, the final report of the
>mediation cell will be either “Mediation
>successfull” or “Mediation Failed”.

That is right (mostly I’d say),

An addendum : If mediation succeeded, terms of compromise may also be drafted and signed between parties

>case. My oppsite party is behaving very polite
>and humble in mediation cell and demanding that
>other members of my family should also be
>called in the mediation cell.

as long as other members of your family are NOT parties to your case they need not attend mediation

More parties, more the mess. Try and limit the crowd. Do NOT make it a Saas Bahu (MIL / DIL ) TV serial.

Read ….read… read… the archives here and blogs. Arm yourself with legal points and approach the case with great mental strength

regards, vinayak

My post above is Subject to
—————————-
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

>
>Hello Everybody,
>
>On my date of RCR on ___ / __, opposite party
>started demanding reconcilliation in mediation
>cell although the case was at the stage of
>”petitioners wittnesses”.
>
>After initial talks with me & her the judge
>refferred our case to mediation cell on 28th
>may and the judge at the mediation center tried
>to reconcile.
>
>I just want to know, what type of report in
>the end ‘mediation cell’ could give out. Does
>this report reveal who is at fault or some
>other true facts (except those written in the
>petition and reply to petitions)?
>
>My lawyer says there is nothing to worry here
>just pass time, the final report of the
>mediation cell will be either “Mediation
>successfull” or “Mediation Failed”.
>
>If i _indirectly_ say in the mediation cell
>that there are no chances of further
>reconcilliation, will it be negative for my
>case. My oppsite party is behaving very polite
>and humble in mediation cell and demanding that
>other members of my family should also be
>called in the mediation cell.
>
>Anybody having experience of mediation cell
>please give ur inputs. People having experience
>at mediation center at Delhi please give
>me ur contact numbers, i would just like to
>discuss my case with u.
>
>
>Harassed hubby

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