Advocates Should Not Disclose What Transpired In Mediation Between Parties : Supreme Court

While hearing a transfer petition relating to a matrimonial matter today, the Supreme Court reprimanded an advocate for disclosing what transpired in mediation between the parties.

A bench comprising Justice Aravind Kumar and Justice NV Anjaria was hearing the matter. At the outset, he asked the advocate: "Have you not read CrPC, CPC? How can you disclose what happened in mediation?"

Justice Kumar remarked that advocates should be careful in drafting the pleadings, and asked for the advocate to unconditionally withdraw the averments made.

"That is why the Mediator sends a report that either mediation has failed or it is successful, enclosing the report. They will not draw the minutes of what transpired in the mediation. How can you write these things? Either you withdraw this unconditionally, or what is this?" he added.

Apparently, the advocate cited what transpired in mediation in the petition to refute the arguments. Later, the advocate apologised and agreed to unconditionally withdraw the averments made.