Mediation is an alternative dispute resolution (ADR) mechanism. It takes a long period of time to resolve cases in courts. Sometimes, it may take decades. Therefore, generally the courts try to refer the parties, in disputes such as matrimonial, to mediation wherever possible so that they can try to resolve the disputes amicably, if possible. If mediation succeeds, the parties are saved years of court cases and consequent legal expenses and mental tension.
Also note that mediation works by mutual agreement of the parties, with the help of a mediator who is an independent third party. You will not be forced to accept mediation terms, however, of course, there can be genuine efforts of persuasion. If you do not want to agree to the terms of compromise suggested by the mediator or by your opposite party (i.e., wife), you can refuse to agree. In such a situation, the mediator will submit a report to the Supreme Court (which has referred the matter for mediator) that the mediation could not succeed, after which the Supreme Court would hear the matter on merits and decide it.
But, I think, there is no harm in at least trying to resolve the disputes by way of mediation. You have said that there are 3 cases pending between you and your wife. All these 3 cases can be amicably settled if both of you can agree on some mutually acceptable terms. See the advantage that you get. However, at the same time, if you do not agree to the terms of compromise, or if you do not want any compromise at all, you can take that stand during the process of mediation. The court will not force you to accept the terms of the mediation. But, please note that if your stand is found to be too unreasonable, sometimes you may lose the sympathy of the court, even if the court would not compel you to accept mediation.
So, give a try to mediation if the court is giving you an opportunity. If you still find that it is not possible for you to accept the terms of compromise being offered to you, you can refuse to agree to those terms. The mediator will give a report to the court about failure of the mediation process and then your matter would be heard by the court on merits. But, there is no harm in at least giving the mediation process a genuine and honest try.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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