Delhi HC Issued Directive To Mediation Centers In Delhi, To Prepare Mediated Settlement Agreements In Both English And Hindi

In a recent ruling, the Delhi High Court issued a directive to mediation centers in the national capital, emphasizing the importance of preparing mediated settlement agreements in both English and Hindi, whenever feasible. Justice Swarana Kanta Sharma explained that this order was necessary as a majority of parties involved in cases do not have a good understanding of English and Hindi is their primary language. The objective behind this directive is to ensure that agreements reached in mediation centers are not only finalized but also effectively upheld in courts of law by providing them in Hindi, as required.

In a comprehensive ruling addressing a matrimonial dispute, the Court not only resolved the case but also established a set of guidelines for mediators when drafting settlement agreements in similar disputes. The presiding judge emphasized that when including clauses concerning criminal proceedings initiated by either party, the mediator must clearly identify all parties involved in the agreement. Additionally, the Court emphasized the importance of avoiding ambiguous terms such as 'respondents' or 'petitioners' and instead insisted on explicitly stating the terms and conditions of the agreement, regardless of how minute or insignificant they may appear.

Additionally, the judge emphasized that the settlement agreement should clearly outline the payment method and specify which party is responsible for signing follow-up documents. The Court also emphasized the need for specific mention of any criminal complaints or cross-cases filed by the parties within the agreement. Furthermore, the agreement must explicitly state that all parties have read and understood the settlement agreement in their native language. Justice Sharma highlighted the importance of using language in the agreement that is precise enough to convey the true intentions of the parties and the objectives they aim to accomplish through it.

The Court ordered that this judgment be shared with the authorities in charge of the Delhi High Court Mediation and Conciliation Centre (SAMADHAN) as well as the relevant officials overseeing mediation centers in all District Courts of Delhi. The purpose of this directive is to ensure awareness and compliance with the guidelines outlined in the judgment.