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.
Oregon Motion By Plaintiff to Refer Cause to Mediation: A Detailed Overview In Oregon, the Motion By Plaintiff to Refer Cause to Mediation is a legal procedure aimed at resolving disputes and fostering settlement discussions between parties involved in a lawsuit. This motion is commonly used when the plaintiff (the party initiating the legal action) believes that mediation could help facilitate a mutually beneficial resolution. Mediation is a voluntary alternative dispute resolution process wherein a neutral third party, known as a mediator, assists the involved parties in reaching a settlement agreement. By filing a Motion By Plaintiff to Refer Cause to Mediation, the plaintiff is requesting the court to order the parties to participate in mediation, with the goal of avoiding the expense, time, and uncertainty associated with a trial. The Oregon court system recognizes the value of mediation in promoting efficient and prompt dispute resolution. Mediation can be particularly beneficial in civil cases such as personal injury claims, contract disputes, employment disputes, and family law matters. However, it's essential to note that mediation may not be suitable or available for all types of cases. Different Types of Oregon Motions By Plaintiff to Refer Cause to Mediation: 1. Motion to Refer Cause to Mediation Early in Litigation: This type of motion is filed at the early stages of the lawsuit, often before substantial pre-trial proceedings have taken place. The plaintiff seeks to resolve the dispute before engaging in lengthy and costly litigation. 2. Motion to Refer Cause to Mediation After Discovery: This motion is filed after the completion of the discovery phase, where the parties have gathered evidence and exchanged information relevant to the case. The plaintiff may believe that the accumulated evidence could aid in reaching a settlement through mediation. 3. Motion to Refer Cause to Mediation for Specific Issues: In some cases, the plaintiff may only wish to refer specific issues within the case to mediation rather than the entire matter. This motion allows the plaintiff to pinpoint the particular aspects that require mediation, potentially expediting resolution and reducing expenses. 4. Motion to Refer Cause to Mediation in Complex Cases: Complex cases often involve intricate legal matters, multiple parties, or substantial factual issues. An Oregon Motion By Plaintiff to Refer Cause to Mediation in complex cases seeks to streamline the litigation process by utilizing mediation to tackle specific complexities. Keywords: Oregon, Motion By Plaintiff to Refer Cause to Mediation, legal procedure, disputes, settlement discussions, lawsuit, alternative dispute resolution, mediator, settlement agreement, court system, civil cases, personal injury claims, contract disputes, employment disputes, family law matters, litigation, discovery phase, specific issues, complex cases, efficient resolution.