Mediation is an alternative dispute resolution mechanism which is also recognised under Sec

89 of CPC

Mediation is a process through which a Mediator – an independent, impartial and neutral

third person facilitates two disputing parties to arrive at practical and mutually agreeable
solutions to resolve their conflict.

The essential spirit of mediation lies in its voluntary nature and confidentiality.  The mediator
is not a judge and will not evaluate the case. The settlement reached under mediation is
binding, valid in law and is not appealable.

The cost of mediation compared to arbitration or litigation is very inexpensive. Being

voluntary, it creates a “win-win” situation at the end of mediation.

In this present problem, Asha and Ravi were a happily married couple. But after the birth of
their girl child, differences in opinion arose between them and things got bitter. Asha claims
that Ravi slapped her on face and now she claims divorce in family court. Family court has
referred the matter for mediation.

In this present mediation simulation exercise, I’m assigned the role of Asha, Krishna plays
the role of Ravi, shrikanth and Manoja play the role of mediators.

Mediation happens at a mediation centre annexed to the family court. The court has fixed 20th
July for mediation while referring the case for mediation.

We are now beginning with the simulation exercise.

SHRIKANTH: Good afternoon, I’m Mr Shrikanth S, I have been working with various
NGO’s and I have an experience of 12 years in the field of mediation. I have settled various
matrimonial disputes and I hope that Mr Ravi and Mrs Asha will be united after this
mediation proceedings.

MANOJA: Good afternoon all, I’m Mr Manoja BC, Advocate practising at Family Court,
Bangalore. I have been practising for the past 20 years. I mainly deal with matrimonial
disputes. Both of us will be helping you to settle your dispute.

SHRIKANTH: Now, can the parties introduce themselves?

KRISHNA: Good afternoon sir, I’m Ravi. I’m working with Cognizant at Manyata Tech
Park, Bangalore. I reside with my family at hebbal.

MELBA: Good afternoon sir, I’m Asha. I’m a housewife and me and Ravi have a girl child. I
used to stay with Ravi and his family. After filing for divorce, I moved out of his house and
right now I’m staying with my parents at Jalahalli.

MANOJA: What about your kid?

MELBA: She is staying with me sir. She’s only 3 years old.

SHRIKANTH: Before beginning with the proceedings we would like to give a brief idea
about how mediation takes place and what our role is

SHRIKANTH: We do not have any interest in the outcome of the dispute, also in the subject
matter of the dispute.

MANOJA: We will not compel you to settle the dispute in any specified manner against
your wishes. We will only give you possible suggestions.
SHRIKANTH: And also, whatever you share, either in joint or private session will be kept
confidential. The information you give in private session will not be shared to the other party
as well.

MANOJA: We will not give any judgement or settlement but will only help you to sort out
the differences between you both. So it is upto you what to decide.

MANOJA: So, now are you both clear about mediation proceedings ?

KRISHNA: Yes sir

MELBA: Yes sir

MANOJA: Okay, We have already gone through the divorce petition filed by Asha. But just
to make it easier can you both explain what happened between you two?

SHRIKANTH: Yeah, what led you to think about this drastic step of divorce? Please explain
Mrs Asha.

ASHA: Sir, me and Ravi got married in the year 2015. It was a love marriage. We both were
colleagues at Cognizant. It was after our kid’s birth I resigned the job to look after her.
Things were going smooth until the birth of our baby. After that he started fighting with me
for every petty reason. He is actually a workaholic. He only thinks about his work and office.

He rarely finds time to spend with me and our baby.

Things got really worse when he slapped me some weeks back for no reason at all. He was in
a online meeting and the baby started crying unexpectedly when I was trying to feed her. It
made him furious and slapped me telling that I ruined his meeting. I’m now really afraid to
stay with him. I don’t want to live with him anymore. I want divorce.

MANOJA: Okay before going into its details, Mr Ravi what do you have to say about this?

KRISHNA: Sir, she is just exaggerating what has happened between us. There are no such
huge issues that we cannot solve at home. I always find time to spend with her. After our
baby was born, we had more responsibilities and since I am working, I could not always turn
up. I didn’t slap her. I just raised my hands in that fit of anger and accidentally touched her.
She has taken my kid away from me and does not allow to see her.

MELBA: No sir, he slapped me and soon after that I called my parents and sister and told
them about the whole thing.

SHRIKANTH: Okay, in every marriage, disputes arises between spouses but it should never
lead to physical abuse. Abusing your partner is a criminal offence. I hope you know it.

MELBA: Also, I want the custody of my child.

MANOJA: A child has the right to be associated with both father and mother. Through a
separation, you’re refusing that right of her.

SHRIKANTH: Kids who grow up seeing such things will face serious problems in their
coming years. Your kid is just 3 years old and she still has a lot to learn from you both. You
shall not set a bad example to her.

MELBA: Yes sir I don’t want my kid to see such physical abuses that I face from her father.
He will again resort to such things. As far as I can think of, Divorce is the only solution.

KRISHNA: See, this is her problem. She always complains about everything and is not
willing to adjust. She is so stubborn and wants everything as she says. I also have to take care
of my aged parents along with my hectic work schedule.

SHRIKANTH: In marriage, both the partners should try to bring a work-life balance so that
the pressure at work do not affect your family life. Also, the other partner should do
necessary adjustments to ease the work pressure.

MELBA: But he didn’t let me work after our kid was born. He forced me emotionally to
resign the job telling that as a mother it is my duty to take care of her. I have done MBA and
I always have dreamt of working.

MANOJA: Mr Ravi, you should not have forced her to do that. If she wishes to earn some
money, it is her freedom to do so. Working women can also equally participate in
matrimonial life.
KRISHNA: Sir, when our child was born, there was no one to take care of her. So we had no
other option other than asha giving up her job.

MANOJA: See, divorce seems to be an easy option. But your child will suffer the most. She
is really young and she needs the love and affection of both of you.

SHRIKANTH: Okay, if either of the parties wish for a private session, we can convene it.
Whatever shared during the private session will be kept confidential.

ASHA: Yes sir, I wish to have a private session.

MANOJA: What about you Mr Ravi?

KRISHNA: No sir, Joint session is fine for me.

SHRIKANTH: Okay so it would be better if we convene a joint session after having a

private meeting with Mrs Asha. Mr Ravi can you please wait outside for a while? We will
call you back soon. Please

KRISHNA: Okay sir.

MANOJA: Tell Mrs Asha, what do you have to say?

MELBA: Sir, I don’t wish to live with him anymore. I have suffered a lot. I want a peaceful
life. He just wants me to take care of his needs, to look after our kid and also his aged
parents. He always conspires with his parents and talk ill about me and my family.
SHRIKANTH: Has he ever physically or sexually abused you before?

MELBA: No sir, he never has. This is the first time.

SHRIKANTH: Since he says that it accidentally happened, we don’t think it was intentional.
And he has never done or attempted it before too.

MANOJA: As far as we understood there are no much serious problems between you both.
He likes you and also tries to spend time with you. But stressful work is the main problem.

MELBA: But we both fight a lot and now it has become uncontrollable. I don’t know where
it will lead to.

MANOJA: Can we now call in Mr Ravi?

MELBA: Yes sir.

SHRIKANTH: Mr Ravi, from what you both said we could conclude that these are silly
problems that every young couple face during the initial years. But as we said earlier we do
not compel you to follow a specific solution. But we suggest that both of you should not be
separated. You have a beautiful life ahead.

MANOJA: Also your kid needs the care and affection of both of you.
KRISHNA: But sir if she is not willing to stay with me what is the point of being married to
each other?

MELBA: Sir I don’t feel it safe to be with him. What if he abuses me again?

SHRIKANTH: Mr Ravi you have to assure your wife that you will not do such acts
anymore. Without that assurance it will be difficult for her to stay with you. If you do it again
she can approach police as well.

KRISHNA: Yes sir, I can promise her that I will not do such things to her again. But also,
she has to understand that my job demands my time and efforts. She will have to make
certain adjustments.

MANOJA: Yes Mrs Asha, you have to be considerate about this. He is working not just for
him, but to give a beautiful life to you and your kid as well. You cannot act childish and
demand that he has to be with you all the time.

MELBA: Sir, even I wish to go for a job? I don’t want him to oppose to it.

SHRIKANTH: Mr Ravi, you should find a maid or some other alternative to look after the
kid if she wishes to go for a job. But until then Asha should adjust. Raising a kid is not an
easy task. Both of you have to do certain sacrifices.
MANOJA: Also you have to share responsibilities. A mother or father alone cannot do all
duties. You have to divide the work among yourselves. Eventhough Asha is not working, she
also needs rest and leisure time.

KRISHNA: Yes sir, I understand. I’m ready to look after her needs. But she has to come
back and live with me and also withdraw the divorce petition.

SHRIKANTH: See, we cannot force her to do this, let her decide. Let her think about it
again. Asha and Ravi, both of you are young and you shall not regret your decision later. It’s
not late. You can sort out the problems and live happily.

MANOJA: We are actually acting as a link between you two and are helping you to
understand the reality of your situation. What do you say Mrs Asha?

MELBA: Sir, divorce was my last resort. But if Ravi is willing to assure me that such things
won’t happen again and will find time to spend with us I’m ready to go back to him.

SHRIKANTH: We have seen many other cases like this. Small adjustments can do a lot. So
if both parties mutually agree to a solution other than divorce, shall we enter into a written
agreement?
MANOJA: Again, we are reminding you that this is not a judgement. You are free to accept
or reject the proposals. But once you enter into the agreement, it is binding and valid. You’ll
have to follow it.

KRISHNA: Yes sir, we are ready to give our marriage a second chance. We hope we can
sort out our issues and live happily

MELBA: Yes sir, my kid shall not suffer due to our wrong decisions. I am ready to go back
and stay with Ravi.

SHRIKANTH: Okay parties can now leave after signing this agreement. This is binding on
both of you and is enforceable.

MANOJA: Thank you for cooperating with us Mr Ravi and Mrs Asha. We are glad that you
decided to rethink on this matter.

MELBA: Thank you sir for helping us understand our realities.

KRISHNA: Thankyou sir.

SHRIKANTH: Thankyou all

MANOJA: Thank you.