Lawyer Demanding Payment for Refused Mediation Costs After 4 Years

Question

► Court cases with my wife were going on since 2015, domestic violence, dowry and all, In 2021, I filed an appeal against a maintenance order issued in favor of my wife. During proceedings, my lawyer suggested mediation as a settlement option. The court mandated payment of ₹33,000 before mediation could commence. I explicitly refused this payment and clearly communicated to my lawyer that I would not pay any amount for mediation. I did not consent to proceed with mediation under these financial conditions. And no mediation happened. Now we are divorced already by ex-parte, which my wife filed and I did not appear in court and got ex-parte divorce. with no alimony. Also please note She also re-opened and put application for not paying her maintenance as per court order but then herself stopped coming in court and case was dismissed. Current Problem: After 4 years (October 2025), I received a notice from my lawyer demanding payment of "litigation expenses" - referring to the same ₹33,000 mediation fee I had refused in 2021. Legal Questions: Am I legally obligated to pay expenses for a mediation which never happened, to process I explicitly refused to participate in? Can a lawyer demand payment for court-mandated fees when the client clearly declined that particular legal route? Is there any statute of limitations on such demands after 4 years of silence? Should I respond to this notice, and if so, what would be the appropriate legal response? What are the potential consequences of not responding to this demand? Seeking Advice On: My legal liability in this situation Appropriate course of action Whether this constitutes a valid legal claim after such an extended period Any guidance from legal professionals would be greatly appreciated.

Answer 1

Dear Sir,

Under Article 18 or 19 of the Limitation Act, 1963, any claim for professional fees or reimbursement of litigation expenses must be made within 3 years from the date the service was rendered or payment was due.

Here, the alleged expense relates to 2021.
The notice in 2025 (after 4 years) is time-barred.

Therefore, even if there were any basis (which there isn’t), the demand is legally unenforceable now.

If you ignore it:

Most likely, nothing will happen. Lawyers rarely sue for such things, especially when they have no documentation.

At most, the advocate could send another letter or complaint to the Bar Association (which won’t proceed without evidence).

But replying once makes your position clear and closes the door on any future nuisance.

Answer 2

Hi,

As because the mediation failed due to non appearance. Parties need to bear respective costs of mediation.

As far as mandatory Rs. 33,000/- is stated. The order needs to be introspected to assess your liability of payment.

You should definitely respond to the notice through an Advocate who can pen down your part of the story.

For further advise please feel free to connect.

Lawyer Demanding Payment for Refused Mediation Costs After 4 Years

2 Answers