Iowa Motion to Refer Case to Mediation

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Multi-State
Control #:
US-02642BG
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Word; 
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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

You should follow these tips about what to avoid saying and doing to improve your chances of a successful mediation. Don't Be Disrespectful. ... Mediation is Not About Placing Blame. ... Don't Demand More Money. ... Don't Introduce Brand New Information. ... Don't Say, ?That's Confidential Information? ... Don't Make Ultimatums.

The short answer is don't say things that are untrue, insulting, offensive, or uncooperative. Watching your words can be easier said than done in the heat of conflict. The guidance of a neutral mediator can help keep the discussion focused.

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;

One of the biggest and most common obstacles in mediation is when litigators refuse to budge from their courtroom arguments and conduct themselves as though they are presenting their case to a judge or jury.

Generally, each party pays their own mediation and attorney fees but the details can be negotiated, settled by the court, or included in the overall court costs. Before attending mediation, you should consider what issues you would like to discuss during the process.

It is essentially a guided negotiation process. It starts with a mediation request, followed by notification to all parties involved. The mediator then engages with the parties to determine the most suitable course of action.

1. The district court may, on its own motion or on the motion of any party, order the parties to participate in mediation in any dissolution of marriage action or other domestic relations action.

There are a few things that you, the client, can do to increase your chances of a successful outcome to a mediation. Attitude adjustment. ... Prepare, prepare, prepare. ... State your case clearly and keep the emotion out. ... Be flexible. ... Be patient. ... Summary.

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Iowa Motion to Refer Case to Mediation