New York Motion to Refer Case to Mediation

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US-02642BG
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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

Mediation is available in most civil cases. Some nonviolent criminal cases, like those involving verbal harassment, can also be resolved through mediation. Claims not involving a clear legal issue are also good candidates for mediation.

Mediation is used to resolve disagreements around workplace relationships rather than other disputes, such as pay or issues related to dismissal or conduct. You can use mediation to resolve: bullying and harassment. communication problems.

Yes. Virtually all mediation agreements should include some language stating that the proceedings are confidential and that all communications during the mediation, whether written or oral, are settlement negotiations for purposes of the applicable rules of evidence.

The contract may also state that parties need to engage in mediation prior to issuing a claim in the Courts. In both of these examples it can be said that ADR is compulsory, as these are contractual terms agreed by the parties.

Quick Reference 1 A form of alternative dispute resolution in which an independent third party (mediator) assists the parties involved in a dispute or negotiation to achieve a mutually acceptable resolution of the points of conflict.

A case is usually appropriate for mediation when relationships are strained but must continue. Poor communication is often apparent and a skilled neutral third party is needed to facilitate communication. The intervention of a third party is likely to change the dynamics of the interaction of the disputants.

Keys to a Successful Mediation A Positive State of Mind. The parties should enter the mediation process with the idea that the case can be settled. ... Good Faith. ... Adequate Authority. ... Flexibility. ... Patience. ... Realistic Expectations. ... Preparation. ... Willingness to Listen and Heed.

In conflict management, or any kind of mediation exercise, there are three principle decision models: Capitulation, Compromise, and Collaboration (the 5C version also lists Consensus and Co-existence, but in my experience, both can be achieved through any of the original three options).

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New York Motion to Refer Case to Mediation