MEDIATION AGREEMENT ON MATRIMONIAL

DISPUTES
(Between Anita and Suresh)

SUBMITTED BY:
SHREYA DAS
1883103
BALLB B

SUBMITTED TO:
Prof. Shashank Nande
Assistant Professor,
KIIT School of Law, Bhubaneswar
Anita v/s Suresh
Brief facts of the case
 Anita and Suresh did their higher studies in Computer Science. They got
married in April, 2002 and a son, Shishir, was born out of the said
wedlock in 2004.
 They started working in different companies that paid good salaries. They
slowly began drifting apart and this gave rise to an irreparable
matrimonial dispute between them.
 Anita initiated a suit seeking divorce from the matrimonial institution.
She also demanded for maintenance, and a permanent custody of their
son, Shishir.
 The court referred the case to Mediation. Therefore, a mediation is now
arranged between Anita and Suresh with Mr. X and Ms. Y as mediators.

Mediation process
The mediation process in the instant dispute shall follow the following sessions
before
arriving at a mutual agreement:
1. Joint session
2. Private session with Anita
3. Private session with Suresh
4. Final joint session
5. Mediation settlement agreement.
Introduction to the mediation process
At the beginning, it is the duty of the mediators to introduce the parties to the
mediation process and inform them about the essentials and the procedure of
mediation. The mediators shall convey the following information to the parties:
 Mediation is voluntary.
 Either party can opt out of it at any moment they feel mediation is not
working.
 The information shared in and during the mediation process is
confidential.
  There shall be a joint session with the parties. If the mediators feels it
necessary, they shall conduct a private session with each party.
 Information shared during private session is also confidential.
 The mediators retain the right to end the process or discontinue it if they
feel the need to do so.
 If the parties opt to go for a courtroom settlement, the mediators cannot
be called to testify.
 Each party must maintain decorum during the session and use respectful
language.
 One person shall speak after the other is done speaking. Each party can
take notes and wait for their turn to speak.
 The parties shall be made to sign a ‘Mediation Participation Agreement’
to give their written consent that they have submitted to mediation
voluntarily and they did so after agreeing to the terms of the procedure
laid down before them by the mediators.
First joint session
The mediators shall begin the mediation with a joint session involving Anita
and Suresh. The mediators shall take time to first understand the dispute better,
from the point of view of both, Anita and Suresh. Each party should be given a
chance to speak their perspective on the dispute.
Firstly, the mediators must try to clear out all the misunderstanding in the
happening of the event. The mediators should aim at reconciling the parties at
first. If reconciliation seems impossible, the mediators shall help the parties to
come to agreed terms on the matrimonial dispute.
This shall be followed by private sessions with each party to understand each
person’s perspective better.
Private session (caucus) with Anita
The mediators must inform Anita about the confidentiality of this private
session. This is followed by Anita sharing certain confidential information, such
as:
1. Anita says that she is also thinking to initiate criminal proceedings due to
alleged dowry demands against Suresh. She is ready to give this a second
thought if Suresh settles the entire dispute including payment of permanent
alimony, maintenance for Shishir, etc.
2. Anita is more interested in the permanent custody of the son, Shishir.
3 Anita says that she is willing to compromise on the amount of permanent
alimony. Sheis interested in the seeking maintenance for Shishir.
4. Anita has also developed intimacy with another Computer Engineer working
with her, whom she wants to marry after divorce.
5. She does not want to give visitation rights to Suresh.
6. Anita due to insolent behaviour of Suresh does not wish to reconcile with
him.
7. Anita reveals that due to her professional engagements, she cannot afford
time in litigation. Neither does she want to bear costs of litigation.
 Anita is given a safe environment for sharing anything she wished to,
while the mediators promised her confidentiality. It seems from the
private session that Anita wish to get done with the dispute as soon as
possible so that she can continue with her life without hurdles.
 First, the mediators must encourage Anita to give her marriage another
chance. Upon failing at this, the mediators must make an effort to make
Anita agree on common grounds of mutual understanding to end their
marriage.
Private session (caucus) with Suresh
The mediators must inform Suresh about the confidentiality of this private
session. This is followed by Suresh sharing certain confidential information,
such as:
1. Suresh is not interested in the permanent custody of son, Shishir, however, he
wants to have visitation right at least twice a month.
2. Suresh also does not want to drag himself in prolonged litigation which may
not produce favourable result to him.
3 Suresh is ready to return all the dowry articles which he received at the time of
marriage but he is not ready to give permanent alimony to Anita as she is
earning and may also remarry.
4. Suresh is 28 years and he wishes to re-marry.
5. Suresh does not want to face criminal litigation as it may hamper his future
prospects and he may lose his present job.
6. Suresh is likely to go abroad on an assignment, he therefore wants to finish
his legal disputes with Anita as early as possible.
  Suresh is given a safe environment for sharing anything he wished to,
while the mediators promised him confidentiality. It seems from the
private session that Suresh wish to get done with the dispute as soon as
possible so that his reputation is not tarnished.
 He is also worried of losing his job if the dispute stretches long to cause
him reputation damage. He agrees to return all the dowry articles to avoid
litigation proceedings.
 First, the mediators must encourage Suresh to give her marriage another
chance. Upon failing at this, the mediators must make an effort to make
him agree on common grounds of mutual understanding to end their
marriage.

Final joint session

As agreed in the private sessions, Anita and Suresh talk on mutually settling the
grounds of divorce. They decide to get a mutual divorce in the family court, on
the following terms which are decided during the final joint session:
1. Suresh would not be required to pay maintenance to Anita as she is earning
and is not dependent on Suresh for her expenses. However, Suresh agrees to pay
maintenance for their son, Shishir till he attains the age of 18 years.
2. Suresh shall return all the dowry articles to Anita. In return, Anita would not
initiate criminal proceedings against him.
3. Anita shall have permanent custody for Shishir. Suresh, however, shall have
visiting rights, once a month.
4. They would divorce mutually, and without objections.
5. Suresh and Anita shall bear costs of mediation, mutually, in an equal ratio.
In matrimonial disputes, the most favourable situation is when the parties
reconcile and agree to give the marriage a second chance. This did not happen
in the instant case. However, as long as both the parties reach an amicable
outcome and mutual agreement, the mediation must be considered to have given
successful results.
 [India]
MEDIATED SETTLEMENT AGREEMENT
BETWEEN:
[Anita]

– and –

[Suresh]

TERMS THAT GOVERNED THE MEDIATION

1. The parties agreed to mediate with Mediator 1 (name) and Mediator 2
(name), who resorted to mediation for settling the dispute that arose between
them.
2. The Mediators were neutral facilitators who assisted the parties in reaching
their own settlement. The Mediators did not make decisions for the parties on
how the matter must or should be resolved.
3. The Mediators fees are to be paid in full.

SETTLEMENT
The parties hereto agree that the dispute between them and all related claims
and controversies between them are hereby settled in accordance with the
following terms:
1. The parties acknowledge that bona fide disputes and controversies existed
between them, and they have compromised and settled the dispute through
mediation.
2. This Settlement Agreement is made and performable in any part of India and
shall be construed in accordance with the laws of India.
3. If one or more disputes arise with regard to the interpretation and/or
performance of this Agreement or any of its provisions, including the form of
further documents to be executed, the parties agree to further mediation in an
attempt to resolve same with the same Mediators, who facilitated this
settlement.
4. All signatories to this Settlement Agreement hereby release the Mediators
from any responsibility arising from the drafting of this Settlement Agreement.
5. The parties represent and warrant that:
(i) they have carefully reviewed this Settlement Agreement;
(ii) any questions that they have pertaining to this Settlement Agreement have
been answered and fully explained to them;
(iii) their decision to execute this Settlement Agreement was not based on any
statement or representation, either written or oral, made by any person or entity
other than those statements contained in this Settlement Agreement, and
specifically was not based on any statement or representation made by any
opposing party or its counsel
(iv) this Settlement Agreement constitutes the entire agreement and
understanding between the parties
(v) they have entered into this Settlement Agreement of their own free will
(vi) all prior and contemporaneous agreements, understandings, representations
and statements, whether written or oral, are merged herein; and
(vii) In the event any party breaches this Mediated Settlement Agreement, the
Agreement will be admissible in any Court proceedings seeking its enforcement
and the parties specifically waive the confidentiality provisions of the
Agreement as it relates to such proceeding.
THE PARTIES AGREE THAT THIS MEDIATION AGREEMENT IS BINDING ON ALL
PARTIES AND IS NOT SUBJECT TO REVOCATION BY ANY PARTY.

SETTLED GROUNDS
The parties agree to settle on the following grounds:
1. Suresh would not be required to pay maintenance to Anita as she is earning
and is not dependent on Suresh for her expenses. However, Suresh agrees to pay
maintenance for their son, Shishir till he attains the age of 18 years.
2. Suresh shall return all the dowry articles to Anita. In return, Anita would not
initiate criminal proceedings against him.
3. Anita shall have permanent custody for Shishir. Suresh, however, shall have
visiting rights, once a month.
4. They would divorce mutually, and without objections.

CONFIDENTIALITY
1. All written and oral communications made in the course of the mediation will
be treated as confidential and without prejudice. Therefore:
A) The parties to this agreement agreed that communications and documents
shared in this mediation will not be disclosed to anyone who is not a party to
this mediation unless:
(i) the person has signed the Agreement to Mediate;
(ii) the information is otherwise public;
(iii) the person to whom the information is disclosed is a legal or financial
advisor to a
party to this agreement;
(iv) it is required for purposes of enforcing or interpreting any agreement
reached pursuant to an order of a court of competent jurisdiction or the
disclosure is required by law or, the information suggests that there will be
actual or potential threat to human life or safety, or the commission of a crime
in the future.
(a) The parties to this agreement agreed that all communications made and
documents shared in this mediation, which are not otherwise discoverable, will
be shared on a without prejudice basis and, will not be used in discovery, cross-
examination, at trial or in any other way, in this or any other proceeding.
(b) Everyone signing this document agrees to be bound by the confidentiality
provision of this agreement.
2. The Mediators will not reveal the names of parties or anything discussed in
mediation except that the Mediators may disclose such information:
(a) to the lawyers or other professionals retained on behalf of the parties as
deemed appropriate or necessary by the Mediator
(b) to non-parties consented to in writing by the parties, as deemed appropriate
or necessary by the Mediators;
(c) for research or education purposes, on an anonymous basis
(d) where ordered to do so by a judicial authority or where required to do so by
law or where the information suggests that there will be actual or potential
threat to human life or safety, or the commission of a crime in the future.

DOCUMENT RETENTION
1. The Mediators and ADR Chambers may dispose of all documents relating
to this matter after 60 days following a settlement in mediation or other
termination of the matter. This period may be extended at the request of
any party, provided the party making the request provides a deposit and
reimburses ADR Chambers and the Mediators for the cost of storing the
documents for the period of time requested.
2. If a party initiates any court review of any aspect of the mediation, it shall
notify the Mediators and ADR
3. Chambers of having done so, and shall provide a deposit and reimburse
the Mediators and ADR Chambers for the costs of storing any documents
relating to the mediation, pending completion of such review.
MEDIATORS AS A WITNESS/RELEASE FROM LIABILITY
1. The parties fully release the Mediators and ADR Chambers from all
claims and causes of action whatsoever relating to or arising from the
mediation.
2. No party will invoke any legal process, for the purpose of compelling the
Mediators to produce any documents or to testify in any judicial forum,
concerning anything whatsoever about the mediation proceeding, nor to
give evidence touching any aspect of the proceeding.
3. The Mediators shall not be liable for anything done or omitted with
respect to the mediation. The Mediators shall be entitled to the same
immunity from claims and legal proceedings as a judge under the
legislation in place in the state.
COSTS
1. Suresh and Anita shall bear costs of mediation, mutually, in an equal ratio.
2. Parties shall bear any cost arising out of the mutual divorce at the family
court and other related costs.
This Agreement, signed by the parties on the 27th day of September 2022.

Anita: ______________ Suresh: _______________