Can a Court take on Record Pleas and Submission made during Mediation? SC replies [Read Order]

The Supreme Court in one key finding has observed that taking on record, the comments made during the course of the mediation or settlement proceedingson would impede conciliation and is contrary to and impinges on the principle of confidentiality.

The Bench comprising of Justice Sanjiv Khanna and Justice Bela M Trivedi observed the same while disapproving the observations made in Orissa High Court order in one Mediation matter.

"We disapprove the observations made in the impugned order which refer to the comments made during the course of the mediation or settlement proceedings. The High Court should not have taken the aforesaid comments on record, as the same would impede conciliation and is contrary to and impinges on the principle of confidentiality."

The petitioner herein had assailed the impugned order in which the High Court had permitted him to meet/ visit the child subject to some conditions.

The Court upon making the observation remitted back the matter to the Family Court and directed it to decide the application for joint custody, visitation right etc. in accordance with the law within a period of four months from the date of order.

Read Order Here: