Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening.
A New Hampshire Motion By Plaintiff to Refer Cause to Mediation is a legal document filed by the plaintiff (the party initiating the lawsuit) in a civil case, with the goal of resolving the dispute through mediation. Mediation is a non-adversarial process in which a neutral third-party mediator assists the parties in reaching a mutually agreeable resolution before going to trial. This motion serves as a request to the court to order the case to be referred to mediation. Keywords: New Hampshire, Motion By Plaintiff, Refer Cause to Mediation, legal document, civil case, dispute resolution, mediation, non-adversarial process, neutral third-party mediator, mutually agreeable resolution, trial. Types of New Hampshire Motion By Plaintiff to Refer Cause to Mediation: 1. Early Mediation Motion: This type of motion is filed shortly after the initiation of the lawsuit, typically during the early stages of the case when the parties have had limited opportunity to engage in settlement discussions. The purpose is to encourage an early resolution and potentially save time and costs associated with extensive litigation. 2. Preliminary Pretrial Conference Mediation Motion: This motion is filed prior to the first pretrial conference scheduled by the court. It seeks to refer the case to mediation before the formal pretrial proceedings begin. 3. Post-Discovery Mediation Motion: This motion is filed after the completion of the discovery phase, where the parties have gathered relevant evidence and exchanged information. It aims to explore the possibility of a mediated settlement after both sides have a clearer understanding of the strengths and weaknesses of their respective cases. 4. Pretrial Mediation Motion: Filed before the trial date is set, this motion requests the court's order to refer the case to mediation, hoping to reach a settlement agreement without the need for a trial. It may be used when both parties acknowledge the benefits of mediation and wish to avoid the uncertainties and potential costs of litigation. Note: It's essential to consult with a legal professional or conduct specific research to ensure accuracy and applicability to your specific case or jurisdiction. Legal procedures and terminology may vary.
