How does mediation work in divorce cases before family courts?

Question

The family court has referred our divorce case to mediation before proceeding further. What does this process involve and is it mandatory? I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Family Courts Act 1984, Section 9 is the starting point for this family law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

Section 9 of the Family Courts Act 1984 casts a duty on family courts to make efforts at reconciliation before proceeding with a matrimonial matter, and courts routinely refer parties to mediation centres attached to the court.

Section 23(2) of the Hindu Marriage Act similarly requires the court to attempt reconciliation between the parties before granting relief in any matrimonial proceeding, except where the nature of the case makes it clearly impossible.

Section 89 of the Code of Civil Procedure allows the court to refer disputes to mediation, conciliation or arbitration where it appears that elements of settlement exist, and matrimonial disputes are commonly referred under this provision.

Mediation is confidential, and statements made during the process cannot be used as evidence in subsequent court proceedings if mediation fails and the matter returns to litigation.

Successful mediation often results in a mutual consent divorce with an agreed settlement covering alimony, custody and property, which can then be placed before the court for a decree under Section 13B.

What this means for you: 1) Attend the mediation sessions in good faith even if you are pursuing a contested case; 2) Discuss settlement terms on maintenance, custody and property realistically during mediation; 3) Obtain a written settlement agreement if mediation succeeds, to place before the court; 4) Return to contested litigation with your lawyer's guidance if mediation does not resolve the dispute.

Where the facts are disputed, what usually decides a divorce mediation india matter is the paper trail — dated complaints, acknowledgments and written replies under Family Courts Act 1984, Section 9. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.