Idaho 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

In any criminal proceeding, any party or the court may make a request for the parties to participate in mediation to resolve some or all of the issues presented in the case. Participation in mediation is voluntary and will take place only on agreement of the parties.

Failure by any person to obey a subpoena served on that person may be deemed a contempt of the court from which the subpoena issued.

Idaho Criminal Rule 20. Transfer from the County for Plea and Sentence. (2) the prosecuting attorneys from each county involved, as well as the trial court where the case is pending, approve the transfer in writing.

Idaho Rules of Civil Procedure Rule 37.1. Mediation and Online Dispute Resolution of Civil Lawsuits. (a) Definitions of Mediation and Online Dispute Resolution. Mediation under this Rule is the process by which a neutral mediator assists the parties in reaching a mutually acceptable agreement.

Idaho Rules of Evidence Rule 602. Need for Personal Knowledge. A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness's own testimony.

Idaho Rules of Civil Procedure Rule 75. Contempt. This rule governs all contempt proceedings brought in connection with a civil lawsuit or as a separate proceeding. It does not apply to contempt charged under Idaho Code Section 18-1801, or any other criminal statute.

Mediation under this rule is the process by which a neutral mediator assists the parties (defined as the prosecuting attorney on behalf of the State and the Defendant) in reaching a mutually acceptable agreement as to issues in the case, which may include sentencing options, restitution awards, admissibility of ...

STATE OF IDAHO JUDICIAL BRANCH. Supreme Court Subject to the limitations of subsections (b) and (c) of this rule, any person charged with a misdemeanor by a uniform citation or complaint may sign a written plea of guilty on the citation and pay the fine and court costs.

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Idaho Motion to Refer Case to Mediation