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 With 2 Points
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US-01006BG
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How to fill out Motion By Plaintiff To Refer Cause To Mediation?
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Five Keys to a Successful Mediation Attitude adjustment. This is probably the most important thing that you can do to help reach a successful conclusion in the mediation of your dispute. ... Prepare, prepare, prepare. ... State your case clearly and keep the emotion out. ... Be flexible. ... Be patient.
I am your mediator today, which means that I am here to help you and to aid your efforts to resolve your conflict. To help you, I will stress three things: One, your voluntary participation. The mediation process exists for you benefit, which is why it can be voluntary.
It may be easy to establish who is at fault, but you do not want to go into mediation saying things like, ?This is all your fault? or ?If not for you, I wouldn't have been injured.? Placing blame can raise the other party's guard, which could make them less likely to compromise.
In mediation, the audience is the person with settlement authority, not the neutral mediator. A mediation opening statement should increase the adversary's litigation risk, present a credible and likable client, and focus on demonstrating potential doubts about the adversary's ability to win.
There are numerous advantages and a few disadvantages to mediating a dispute. Advantages include: Control, Costs, Privacy, and Relationships. The primary disadvantage is that there is no certainty of resolving the matter.