Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening.
Plaintiff Mediation Statement With Plaintiff
Category:
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Multi-State
Control #:
US-01006BG
Format:
Word;
Rich Text
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How to fill out Motion By Plaintiff To Refer Cause To Mediation?
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FAQ
In plaintiff cases, the opening statement is used to reinforce the idea that this process is the individual plaintiff's ?day in court.? Opening statements are also useful when one side believes the decision-maker on the opposing side has not been given a full assessment of the facts and the law.
I'm (Mediator's Name) and this is (Mediator's Name). We will be serving as your Mediators. You may call us by our first names; how would you like us to address you? The purpose of our meeting is to help you work out an understanding acceptable to both of you to resolve the situation that has been developing for you.
Provide a concise summary of the facts and claims. The mediator will not have the patience or need to read an appellate brief. Avoid prose but use headings and bullet points to organize the section, and to summarize the claims, defenses and background about the parties.
Good afternoon, my name is _______________ and I am serving as your mediator today. ... Are you here in good faith? ... Both the mediation agreement and the resulting settlement agreement, if any, are not confidential. ... ____ INTRODUCE yourself and (if applicable) your co-mediator.
I'm (Mediator's Name) and this is (Mediator's Name). We will be serving as your Mediators. You may call us by our first names; how would you like us to address you? The purpose of our meeting is to help you work out an understanding acceptable to both of you to resolve the situation that has been developing for you.