All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

The correct option is:

C: A settlement agreement should be expressed in judgmental language.

Explanation:

A settlement agreement in a mediation proceeding is typically intended to be a mutually agreeable and collaborative document that outlines the terms both parties have agreed to. It should not contain judgmental language or express opinions about the behavior or actions of either party. Instead, it should focus on specific, clear, and objective terms that both parties have consented to. Options A, B, D, and E are more likely to be required elements of a settlement agreement in a mediation proceeding:

A: A settlement agreement should be balanced and reflect the benefit to each party to ensure fairness.

B: A settlement agreement should be in writing to provide a clear record of the agreed-upon terms.

D: A settlement agreement should describe the responsibility of each party in implementing it to ensure accountability.

E: A settlement agreement should state what the parties' future relationship is to be to address any ongoing interactions or obligations.

Option C is the least likely requirement because judgmental language can introduce subjective elements and potentially create disputes or disagreements in the future, which is contrary to the goal of a settlement agreement reached through mediation.