Motion to Refer Case to Mediation

State:
Multi-State
Control #:
US-02642BG
Format:
Word; 
Rich Text
Instant download

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.

Definition and meaning

A Motion to Refer Case to Mediation is a formal request submitted to a court, asking it to refer a case to mediation for resolution. Mediation is a process where a neutral third party assists both sides in negotiating a settlement. This motion is typically filed in civil cases where disputes exist between parties, and it is seen as a preferred method to resolve issues amicably before proceeding to trial.

Key components of the form

The Motion to Refer Case to Mediation form includes several important sections:

  • Case Information: Details about the court, plaintiff, and defendant.
  • Parties Representation: Names and contact information of the attorneys for both sides.
  • Discovery Summary: A list of all discovery conducted up to the filing date.
  • Negotiation Attempts: Record of prior settlement discussions and negotiations.
  • Mediation Justification: Reasons for requesting mediation and expected outcomes.

Each of these components helps the court understand the context and the parties' positions regarding mediation.

How to complete a form

Completing the Motion to Refer Case to Mediation form requires careful attention to detail. Follow these steps:

  1. Identify the court where the case is filed and include the case number.
  2. Enter the names of the plaintiff and defendant along with their attorneys' details.
  3. Summarize the discovery that has taken place thus far.
  4. Document previous settlement negotiation dates and the outcomes.
  5. Specify your reasons for believing that mediation will assist in resolving the dispute.

Ensure that all sections are filled out accurately and clearly for the best chance of acceptance by the court.

Who should use this form

This form is essential for parties involved in a civil dispute who seek to resolve their case through mediation rather than court proceedings. It is commonly utilized by:

  • Defendants who believe that mediation can lead to a favorable resolution.
  • Plaintiffs seeking to expedite the resolution of their case.
  • Attorneys representing either party to facilitate a negotiated settlement.

Using this form is advisable when both parties are open to mediation as a means of resolving their differences.

Common mistakes to avoid when using this form

When filling out the Motion to Refer Case to Mediation, parties should be cautious to avoid the following common errors:

  • Leaving out critical information such as case numbers or attorney details.
  • Failing to summarize discovery efforts appropriately.
  • Not specifying clear reasons for requesting mediation.
  • Overlooking signatures from both parties or their attorneys.

Addressing these mistakes can significantly improve the likelihood of the motion being accepted without complications.

Benefits of using this form online

Utilizing the Motion to Refer Case to Mediation form online offers several advantages:

  • Accessibility: Users can access the form from anywhere, making it convenient to complete and submit.
  • Time-Saving: Online forms often streamline the completion process, reducing time spent on paperwork.
  • Guidance: Many online forms provide prompts and instructions for filling out each section, minimizing errors.
  • Saving and Editing: Users can save their progress and make edits as needed before finalizing the form.

Overall, using this form online can make the mediation request process more efficient and straightforward.

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FAQ

To find a private mediator you can: contact the Alternative Dispute Resolution Programs and Services on the Law Society NSW website. contact a Registered Mediation Accreditation Body and ask for details of mediators registered with them. For more information go to the Mediator Standards Board.

Avoid saying alienating things, and say difficult things in the least alienating way possible. Set ground rules to avoid attacking openings. Remember that avoiding saying unwelcome things, by having the mediator say them, merely transfers the other party's resentment from counsel to the mediator.

A Position Statement is a permanent record of a party's position, ever present throughout the mediation.Position Statements should be provided by each party to every other party, and the mediator. Often a date for simultaneous exchange is suggested by the mediator or agreed between the parties.

A good mediation summary will include some key components, tell a story, take the right tone, provide evidence, and include a discussion of risk. Your summary should include a brief case description and the legal issues involved in it. Introduce what the dispute is concerning.

Don't just repeat your Statement of Claim or Defence. Do outline the main issues in the case, and your position on each of those issues. Do consider addressing any weaknesses up-front. Do include any settlement offers that have been made to date.

Key components. Your summary should include a brief case description and the legal issues involved in it. Story and theme. Think of your mediation summary as a story; write it persuasively to help the other side understand. Tone. Evidence. Risk. Go online for help writing mediation advocacy. Conclusion.

Be upfront. Your first paragraph should tell the mediator who you represent, who the opponent is, summarize the claims and explain what is at stake. Provide a concise summary of the facts and claims. Summarize prior settlement discussions. Identify strengths and weaknesses. Bring it home.

Avoid saying alienating things, and say difficult things in the least alienating way possible. Set ground rules to avoid attacking openings. Remember that avoiding saying unwelcome things, by having the mediator say them, merely transfers the other party's resentment from counsel to the mediator.

You should put a heading at the top of your position statement containing useful information about the case, such as the case number, the name of the court, yours and the other party's names and the date and time of the court hearing.

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Motion to Refer Case to Mediation