Overview of Mediation and Counselling
Private, structured talks to settle a dispute without a long trial. Both sides are open to settling, or the court refers the matter for settlement efforts.
The Code of Civil Procedure and the Family Courts Act, 1984 require courts to try settlement. The Mediation Act, 2023 gives statutory form to mediation, including enforceable mediated settlement agreements. In matrimonial cases the court may refer the parties to a court-annexed mediation centre, where trained mediators help them reach terms.
Scope. Covers court-referred mediation, private mediation, counselling, settlement drafting and recording settlements as court orders.
Procedure: how a Mediation and Counselling case usually moves
- Referral to a mediation centre or private mediator
- Sessions with each side and then together
- Draft settlement terms with legal review
- Settlement recorded and, where required, made a decree of the court
Important points to keep in mind
- Settlement terms should be recorded in writing and, where needed, made part of a court order.
- A settlement reached freely can end several cases at once.
- Each side usually has a lawyer’s advice to understand the legal consequences.
Practical guidance on Mediation and Counselling
Mediation works best when each side comes prepared with clear priorities and realistic limits. Keep the discussion confidential, avoid sharing documents you would not want used elsewhere, and have the settlement reviewed by an advocate before signing.
Documents required for Mediation and Counselling
- Case papers
- financial details
- a list of issues to be settled
Mediation and Counselling for clients living outside India
Spouses living in the United States, the United Kingdom, the UAE, Canada, Australia, Singapore or any other country can take part in Indian family proceedings through a registered power of attorney, video conferencing where the court permits, and documents attested by the Indian embassy or consulate or apostilled in the country of residence. Courts also consider where the marriage took place and where the parties last lived together.
Frequently asked questions about Mediation and Counselling
Is mediation compulsory?
Family courts must make efforts for settlement and many cases are referred to mediation, but no one is forced to settle.
Is mediation confidential?
Mediation communications are generally confidential and cannot ordinarily be used as evidence.
Which courts does TKM Law Associates appear in?
The chambers handle family court matters in Bangalore, Chennai, Mysuru, Tiruchirappalli, Coimbatore and Hosur, along with related High Court proceedings.
How can the chambers be contacted?
By WhatsApp on +91 94484 93313 or by email to tkmlawassociates@gmail.com. A short summary is enough for the first message, and sensitive documents should be shared only after speaking.
Related family law topics
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