Texas 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 involves the intervention of a third person, or mediator, into a dispute to assist the parties in negotiating jointly acceptable resolution of issues in conflict. The mediator meets with the parties at a neutral location where the parties can discuss the dispute and explore a variety of solutions.

A referral form is then sent to the mediator, the form generally sets out basic information about the parties circumstances. The mediator will then contact both parties to take further information and to make sure the circumstances are suitable for mediation and that both parties feel able to attend mediation.

Court referred mediation or Court annexed mediation is the manner of how a case in court is referred to mediation directing the parties to report to designated individual(s) or a committee set up for that purpose and carry through the talks for ending the dispute.

(a) A person appointed to facilitate an alternative dispute resolution procedure under this subchapter shall encourage and assist the parties in reaching a settlement of their dispute but may not compel or coerce the parties to enter into a settlement agreement.

File a motion for mediation. File a proposed order on motion for referral for mediation. Give a copy of the motion and order to the attorney or the other party if not represented. The Court will appoint a mediator, who will contact the attorneys or the parties, if not represented, to schedule mediation.

You don't have to go to mediation, but if you end up having to go to court to sort out your differences, you normally need to prove you've been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you.

Section 154.002 expresses the general policy regarding ?peaceable resolution of disputes? is encouraged by ?voluntary settlement procedure;? however, the court cannot force the parties to peaceable resolve their dispute or negotiate their differences.

Mediation is held by a neutral person (a 'mediator'). The mediator is impartial. This means they do not take sides. They're there to help everyone involved find a solution they can all agree to.

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Texas Motion to Refer Case to Mediation