Kansas Motion to Refer Case to Mediation

Category:

Arbitration and Mediation - Motions

State:

Multi-State

Control #:

US-02642BG

Format:

Instant download

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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How to fill out Motion To Refer Case To Mediation?

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FAQ

A party to a mediation cannot be forced to accept an outcome that it does not like. Unlike an arbitrator or a judge, the mediator is not a decision-maker. The mediator's role is, rather, to assist the parties in reaching a settlement of the dispute.

The mediator has no power to make decisions. The dispute is settled only if all of the parties agree to the settlement. Mediation focuses on the interests and needs of the people involved rather than just what they say they want. Interests are the key to every dispute.

The mediator does not decide who is right or wrong and has no authority to impose a settlement on the parties. Instead, the mediator helps the parties to jointly explore and reconcile their differences.

The mediator assists and guides the parties toward their own resolution. The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution.

The agreements of the parties in mediation are always made final only after each side sees his or her lawyer for legal advice. Once that happens, they can agree that either the lawyers or the mediator will draft the contract that the parties sign to end their dispute.

The court carefully noted however, that there may be other means for courts to enforce contractual mediation clauses: Nor do we hold that agreements to mediate are per se unenforceable. They might be specifically enforceable in contract or under other law; that issue is not before us.

In mediation, the goal is not to determine who is right and who is wrong, but rather to explore solutions in which both can gain. The parties, not the mediator, make the final decision. If they cannot come to an agreement, they may go back to court.

Mediation can be helpful in resolving legal disputes. It is not legally binding unless the parties enter a settlement agreement, also sometimes referred to as a mediation agreement. Mediation can also be legally binding if it is court-ordered. However, that is rare in personal injury cases.

Kansas Motion to Refer Case to Mediation

Description

Related forms

Viewed forms

How to fill out Motion To Refer Case To Mediation?

Form popularity

FAQ

Can a mediator force an outcome?

Can a mediator render a decision?

Can mediators impose a decision on the case?

Can mediators determine the outcome of a mediation?

Is the mediation process decision always binding for the parties to a dispute?

Do courts enforce mediators decisions?

How does mediation work in Kansas?

When a decision is made by a mediator it is legally binding?

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Kansas Motion to Refer Case to Mediation

Description

Related forms

Viewed forms

How to fill out Motion To Refer Case To Mediation?

Form popularity

FAQ

Can a mediator force an outcome?

Can a mediator render a decision?

Can mediators impose a decision on the case?

Can mediators determine the outcome of a mediation?

Is the mediation process decision always binding for the parties to a dispute?

Do courts enforce mediators decisions?

How does mediation work in Kansas?

When a decision is made by a mediator it is legally binding?

Kansas Motion to Refer Case to Mediation Related Searches

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