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.
A Delaware Motion to Refer Case to Mediation is a legal document filed by a party in a civil lawsuit in Delaware to request the court to refer the case to mediation. Mediation is an alternative dispute resolution process where a neutral third party, the mediator, helps parties in a lawsuit reach a resolution through negotiations and discussions. Keywords: Delaware, motion, refer, case, mediation, civil lawsuit, legal document, alternative dispute resolution, neutral third party, mediator, resolution, negotiations, discussions. There are different types of Delaware Motions to Refer Case to Mediation: 1. Voluntary Motion to Refer Case to Mediation: This type of motion is filed when both parties agree to participate in mediation voluntarily. Parties may choose mediation as a way to resolve their dispute without going through a lengthy and costly trial. 2. Court-Initiated Motion to Refer Case to Mediation: Sometimes, the court may take the initiative to refer a case to mediation. This typically happens when the court believes that mediation could be an effective way to resolve the dispute or when mandated by local court rules. 3. Pretrial Motion to Refer Case to Mediation: Parties may file this motion before the trial begins to request the court's referral to mediation. It is often beneficial to attempt mediation before investing time and resources in preparing for trial, as it can lead to a swift, cost-effective resolution. 4. Post-Trial Motion to Refer Case to Mediation: In some instances, after a trial has concluded, a party may file a motion to refer the case to mediation. This could be prompted by a desire to reach a post-trial settlement, avoid potential appeals, or find a mutually agreeable resolution. 5. Motion to Refer Specific Issues to Mediation: This type of motion is filed when parties wish to refer only certain contested issues to mediation, rather than the entire case. It allows for a focused negotiation on specific matters, especially when parties believe resolution in those areas could streamline the remainder of the litigation process. In Delaware, the use of mediation is encouraged by the courts as it offers an opportunity for parties to actively participate in finding a mutually satisfactory solution. It allows the parties to have more control over the outcome, maintain confidentiality, and potentially save time and money compared to a traditional trial process.
