The Court stated that the settlement agreement to end matrimonial disputes should be drafted with due care and caution. It should fulfil the purpose instead of defeating it.
During the proceedings it was observed by the court that building a common understanding of essentials between the parties is very important. In its observation the Court said that the mediators should avoid ambiguity completely. They should essentially prepare the agreements in Hindi and English both.
The agreement should use the name of the parties. Uncertain terms should be avoided explicitly and even the minutest of details about the terms of the settlement should be part of the agreement avoiding tentative dates, it should have a clear timeline.
Mediators should ensure the agreement reflects the effort of the justice system and the disputing parties. Further the court observed that in 498A cases, all the persons named in the FIR should have their names in the agreement without fail. It should also mention that the claims have been fulfilled too. These agreements essentially should have the term that state the cooperation in quashing of the FIR. Signing the agreement can be done on behalf of the other parties too, as per the court, provided they clarify it.
This would bring about a long-term effect in ending the long-standing conflicts between the parties, saving them from further litigation according to the High court.
Source: https://indianexpress.com/article/cities/delhi/delhi-hc-mediators-prepare-settlement-agreements-hindi-issues-guidelines-8619407/