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Confusion on concept of mediation in matrimonial matters: Apex court

The Supreme Court in New Delhi.

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Noting that there’s “misunderstanding” about the concept of mediation in matrimonial cases, the Supreme Court on Thursday said it need not always mean that the parties have to be together.

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“The moment we say mediation, they think we are asking them to be together. We are not interested whether they are together or separate. We just want a solution to the matter. We will prefer if they are together,” a Bench of Justice KV Viswanathan and Justice N Kotiswar Singh while dealing with a transfer petition in a matrimonial case. “In matrimonial matters, we find there is a misunderstanding on the concept of mediation,” it noted. The Bench referred to the Commercial Courts Act, 2015, which talks about pre-institution mediation and settlement. “In the Commercial Courts Act also, you have to go through this process,” it said.

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#CommercialCourtsAct#DivorceMediation#LegalDisputeResolution#MatrimonialMediation#PreInstitutionMediation#SettlementProcessAlternativeDisputeResolutionFamilyCourtfamilylawSupremeCourt
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