District of Columbia Motion to Refer Case to Mediation

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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

Mediation is a confidential discussion between the parties in a dispute. A skilled, independent mediator helps the parties talk about the issues, identify a range of possible solutions and work towards an agreement that will end their dispute.

Mediation in Motion is a unique not for profit organisation that connects mediators with their clients.

Disadvantages Not compulsory; Concerns exist around the enforceability of a mediation agreement; All parties must agree to a resolution as the result is not guaranteed; Can be difficult if either party are withholding information; Mediation may not be appropriate if one of the parties required public disclosure;

A case is usually appropriate for mediation when relationships are strained but must continue. Poor communication is often apparent and a skilled neutral third party is needed to facilitate communication. The intervention of a third party is likely to change the dynamics of the interaction of the disputants.

Clear up misunderstandings, determine underlying interests and concerns, find areas of agreement, and. incorporate those areas into solutions devised by the parties themselves.

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.

Mediation is a process that can be conducted in three ways that vary in formality, goals, the mediator's techniques, and outcomes. Listed from more formal to less formal, the styles of mediation are: settlement conference, facilitative, and transformative.

In a Judicial Dispute Resolution (JDR) an actual Judge is involved and in a Mediation, a senior lawyer who is also an experienced Mediator is involved. If an appropriate settlement can be reached, then you sign a document accepting the terms and agreeing that you have no further claims.

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District of Columbia Motion to Refer Case to Mediation