Can a High Court Dispose of a Writ Petition by Adopting a Mediation Agreement into the Judgment?

Upholding the Use of Court-Mediated Settlements in Writ Proceedings and Incorporating the Agreement as Part of the Dispositive Order

 

Summary

Category Data
Case Name WP(C)/398/2024 of SARITHA A. MARAK Vs THE STATE OF MEGHALAYA AND 3 ORS.
CNR MLHC010012892024
Date of Registration 06-11-2024
Decision Date 30-08-2025
Disposal Nature Disposed Off
Judgment Author Hon’ble Mr. Justice H. S. Thangkhiew
Court High Court of Meghalaya
Bench Single Judge
Type of Law Writ Petition (Constitutional Procedure)
Ratio Decidendi The High Court may incorporate a court-facilitated mediation agreement into its final order and dispose of the writ petition in terms of that agreement.

What’s New / What Lawyers Should Note

  • The High Court disposed of a writ petition on the strength of a mediation agreement executed before the court’s mediation proceedings.
  • The mediation agreement was expressly made part of the final judgment and order.
  • Lawyers can now confidently invoke court-led mediation in writ proceedings and seek incorporation of settlement terms into the dispositive order.
  • This decision underscores the High Court’s willingness to use its inherent powers to encourage alternative dispute resolution in constitutional petitions.

Summary of Legal Reasoning

  1. The Court perused the report of the mediation proceedings (Flag ‘A’).
  2. Finding that the parties had settled their dispute through mediation, the Court held that the matter could be disposed of in terms of the agreement.
  3. The mediation agreement dated 18-08-2025 was ordered to form part of the judgment and order, giving it the force of a court decree.

Procedural Innovations

  • The order exemplifies incorporation of mediation outcomes directly into a High Court judgment in writ jurisdiction.

Alert Indicators

  • ✔ Precedent Followed – Affirms the practice of disposing of writ petitions by court-facilitated mediation.

Citations

  • 2025:MLHC:780
  • WP(C). No. 398 of 2024
  • High Court of Meghalaya (Shillong)

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