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.
Refer Mediation Form Formal Conflict
Category:
State:
Multi-State
Control #:
US-01006BG
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion By Plaintiff To Refer Cause To Mediation?
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FAQ
Cases Suitable for Mediation? All civil cases, except those where there are serious allegations of fraud. eg., Rent cases, partition, matrimonial, labour, specific performance, money, damages, injunction, declaration, land-lord and tenant, intellectual property etc.
Generally, mediation is best used when a disagreement first arises, as the longer a dispute goes on, the greater the chances that people's relationships will break down, or that they raise formal grievances. However, the process can help you to rebuild relationships after formal dispute procedures, too.
These principles are useful suggestions and pointers that will help you prepare for a productive, constructive collaborative problem solving experience. Listen Actively. ... Think Before Reacting. ... Attack the Problem - NOT each other! ... Accept Responsibility. ... Use Direct Communication. ... Look for Common Interests. ... Focus on the Future.
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.