California Motion to Refer Case to Mediation

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Multi-State
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US-02642BG
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

Perhaps the most common and straightforward form of ADR, negotiation is a process whereby the parties and their legal advisors seek to resolve the dispute by reaching an agreement either through written correspondence or a meeting between all concerned.

Mediation is the facilitation of a negotiated agreement by a neutral third party who has no decision-making power. Mediation is now recognised as one of the quickest and most cost-effective ways of resolving a dispute and is the most common form of ADR.

Second, mediation itself is not legally binding until you put it in writing and/or ask a court to enforce it, meaning that the parties may still need to go to court to enforce the terms of the agreement if there are issues down the road.

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.

Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration.

Quick Reference 1 A form of alternative dispute resolution in which an independent third party (mediator) assists the parties involved in a dispute or negotiation to achieve a mutually acceptable resolution of the points of conflict.

(a) conferencing; and (b) mediation; and (c) neutral evaluation; and (d) case appraisal; and (e) conciliation; and (f) procedures or services specified in the regulations; but does not include: (g) arbitration; or (h) court procedures or services.

The most common types of ADR for civil cases are mediation, settlement conferences, neutral evaluation, and arbitration. Read more about these ADR processes, when they may or may not be appropriate or watch a video demonstration.

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California Motion to Refer Case to Mediation