Over 20,000 cases related to family disputes have been settled with the help of a third party mediator
Rahul (34), an IT engineer and Shreya (29), a housewife had a beautiful married life with two daughters. Staying in the US for many years, they returned to India in 2007. Rahul even started an eatery business in his wife's name until he found that she had an illicit affair with their neighbour. The first thing he did was take Shreya back to her parents house while kids were kept away from her and then, filed a divorce case.
The court directed the case to be settled through mediation to which both Rahul and Shreya agreed. But the mediator said that there is no merit in settling it here and asked the case to be taken back. But the advocate appearing for them pleaded that when the parties are ready for mediation, the mediator should not hesitate from helping them. A long path of mediation and a set of demands later, Shreya was reunited with her family.
Rahul and Shreya may be one of the many couples in the city who have gone through the process of mediation. But statistical data shows they are not the only ones. Of the 35,000 odd cases referred to mediation by the family court from 2007 to 2014, more than 20,000 were settled through mediation. This shows that even advocates and judges themselves suggest for mediation of all types of civil cases especially family matters. It is evident from various advocates practising in family court.
"In the Bangalore Mediation Centre, all types of cases are being referred for mediation. It includes, civil and family matters," Adovcate I S Pramod Chandra, an advocate who practises in High Court and family court told dna. "In family matters most often it is made mandatory to go for mediation," he adds.
Most often, the couples who are going ahead with divorce would have initially taken reconciliation measures by psychologists or those from social welfare department. But once it fails, they file for a case of divorce and then either the court or the parties themselves opt for mediation. It is here the role of mediator comes to the foray.
Says Joe Joseph, a mediator with many years of experience, "Unlike counselling, mediator is not supposed to give advices on the case. His/her role id to bring the parties together at a table and make them understand what is best for them. To choose or not to choose is completely up to them."
Another advantage of the mediation is that it helps to avoid mudslinging in the public, says Advocate Revathi Rohira, an advocate who specialises in divorce cases. "Moreover, time, energy, and life itself can be saved through it, "she said.
And the statistics also shows that of the total cases referred for mediation 63-64 percent have been settled via mediation.
(names changed on request)
What is mediation?
Mediation is an alternative dispute resolution method under Section 89 of the Code of Civil Procedure enacted by the Parliament.It is a process in which a neutral third party helps in resolving th dispute without going for trial. The mediator will be an advocate who has 15 years of experience at the Bar and has been given special training in mediation.The mediation process can take a maximum of two months. In Karnataka, the mediation centre is located in the ground floor of Family court complex located in Siddiah Road near Shanthinagar.
Statistics
As per the data provided by Bangalore Mediation centre from January 2007 till January 2014
1. Total no: of cases referred to mediation: 35784
2. Total no: of cases mediated: 27915
3. Total cases not mediated and returned: 5864
4. Total cases mediated and settled: 20534
5. Cases pending for mediation: 2005
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