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.
Illinois Motion to Refer Case to Mediation is a legal document requesting the court to send the case into mediation, in order to explore the possibility of reaching a settlement before proceeding to trial. Mediation is an alternative dispute resolution process where a neutral third party, called a mediator, facilitates communication between the parties involved in the case, assisting them in reaching a mutually acceptable resolution. A Motion to Refer Case to Mediation can be filed in various types of civil cases in Illinois, including personal injury, contract disputes, family law matters, employment disputes, and more. The aim is to encourage parties to engage in open and constructive dialogue, thereby potentially saving time, costs, and emotional stress associated with a trial. Mediation usually involves the following key steps: 1. Case Evaluation: The motion outlines a summary of the case, presenting the reasons why mediation would be beneficial. It may highlight the complexity, potential for resolution, or the desire to preserve the relationship between the parties. 2. Selection of a Mediator: The motion may propose a specific mediator or request the court to appoint one from a list of qualified professionals. The selected mediator should be impartial, unbiased, and possess relevant expertise in the case's subject. 3. Mediation Process: The motion details that, once appointed, the mediator will establish ground rules, schedule sessions, and oversee the mediation process. It explains the voluntary nature of mediation and that parties are encouraged to negotiate in good faith to find a mutually satisfactory agreement. 4. Confidentiality: The motion assures that any information disclosed during the mediation sessions will remain confidential, protecting the parties' interests and encouraging open communication. 5. Resolution and Court Approval: If the parties reach a settlement through mediation, the motion may indicate that the agreement will be presented to the court for approval and subsequent dismissal of the case. If no resolution is reached, the case will proceed to trial as originally scheduled. In Illinois, there are no specific subtypes of Motion to Refer Case to Mediation. However, different counties or courts might have their own local rules or requirements pertaining to mediation procedures that need to be followed. In summary, the Illinois Motion to Refer Case to Mediation is a legal document aimed at resolving disputes outside the formal court process. By voluntarily engaging in mediation, parties can potentially save time, money, and reduce the adversarial nature of litigation, while seeking a mutually agreeable resolution under the guidance of a neutral mediator.
