Mediation process
7 months ago
Respected sir/ma'am,
Our case pertains to violation of Terms & Conditions of the Development Agreement by the developer and we won the case in the lower court and now the developer made an appeal in the High Court against alienation of the property. Here the Developer is the Plaintiff and Defendants are the owners of the property.
The High Court refererred our matter to the Mediation or Conciliation Court for settlement. To our surprise, our counsel did not inform us before he proposed to refer the matter to the Mediation Center.
As a matter of fact, we never had an intent to go for settlement in a Mediation Court but in turn we wanted to claim our losses arised out of violation of terms & conditions of Development Agreement.
The order has the following three questions:
1. Whether there is possibility to fulfill the terms and conditions of the development agreement?
2. Whether there is any possibility of causing payment of compensation amount to any one of the parties to the loss sustained due to non-fulfillment of terms of contract?
3. Whether any other relief/settlement is possible as agreed by the parties?
Our answer is 'No' to questions 1 & 3. The answer for question no.2, is that our loss is estimated at Rs.1 cr and we would like to claim the same from the Developer.
I would like to understand the process here. Can we respond to the 3 questions in the Order in written form and submit it to the Mediation Court through our Counsel, or will there be oral arguments between both the parties and our presence is needed in the court?
Thanks in advance!
In a mediation or conciliation process ordered by the court, the objective is to facilitate a mutually agreeable settlement between the parties involved. Here's how you can typically respond to the three questions posed by the court in this situation:
Response in Written Form: Yes, you can respond to the three questions in the order in written form through your counsel. Your legal representative can draft a response that outlines your position on each of the questions. This response should be submitted to the Mediation or Conciliation Court as per the court's instructions.
No Requirement for Oral Arguments: In mediation, the process primarily involves negotiations and discussions between the parties facilitated by a neutral mediator. Unlike a court trial, there are typically no formal oral arguments or hearings. The mediator's role is to help both parties explore potential settlement options and reach a mutually acceptable agreement.
Presence in the Mediation Process: Your presence in the mediation process may not always be required, especially if you have appointed a legal representative. Mediation sessions can occur with or without the physical presence of the parties, depending on the mediator's approach and the specific procedures of the mediation center.
Consult with Your Counsel: It's important to discuss your preferences and concerns with your counsel. They can advise you on how best to proceed and whether your presence may be beneficial at any point during the mediation process. Additionally, your counsel can ensure that your interests are adequately represented and that your responses to the court's questions are properly submitted.
Negotiation and Settlement: During the mediation process, both parties will have the opportunity to discuss their respective positions, explore potential solutions, and negotiate terms of a settlement. The mediator will facilitate these discussions with the goal of reaching an agreement that is acceptable to both parties.
Finalizing the Settlement: If a settlement is reached through mediation, it will typically be documented in writing, and both parties will need to agree to the terms. This agreement can then be submitted to the court for approval, at which point it becomes legally binding.
It's crucial to work closely with your legal counsel throughout the mediation process to ensure that your interests are protected and that you have a clear understanding of the proceedings.
Thank you.
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