North Dakota 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

The mediator tries to help the parties come to an agreement by asking questions about the case. The mediator may also suggest possible ways to solve the problems in the due process complaint. Neither side has to follow those suggestions. Only the parties decide if they want to agree to settle the case.

Most mediations proceed as follows: Stage 1: Mediator's opening statement. After the disputants are seated at a table, the mediator introduces everyone, explains the goals and rules of the mediation, and encourages each side to work cooperatively toward a settlement.

Mediation is a facilitated negotiation. You'll do better adhering to the five predictable stages Preliminary stage. The first step in the process is the preliminary stage, during which you're deciding whether to mediate. ... Preparation stage. ... Information stage. ... Negotiation stage. ... Closing stage. ... The takeaway.

All parties and their counsel of record must attend all mediation sessions in person with full settlement authority. If the party is not an individual, then a party representative with full authority to settle all appeals and cross-appeals must attend all mediation sessions in person, in addition to counsel.

At the first meeting, the mediator will establish with the parties the ground rules that are to be followed in the process. ensure that the parties understand the rules on confidentiality set out in the WIPO Mediation Rules.

There are 6 steps to a formal mediation; 1) introductory remarks, 2) statement of the problem by the parties, 3) information gathering time, 4) identification of the problems, 5) bargaining and generating options, and 6) reaching an agreement.

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.

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North Dakota Motion to Refer Case to Mediation