US Legal Forms
Motion to Refer Case to Mediation

Motion to Refer Case to Mediation

Category:

Arbitration and Mediation - Motions

State:

Multi-State

Control #:

US-02642BG

Format:

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.

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Key Concepts & Definitions

Motion to Refer Case to Mediation: This is a legal request submitted by one or both parties in a dispute, asking a court to refer the case to mediation. The motion aims to resolve the conflict outside the courtroom, using a neutral third party the mediator.
Mediation Process: The structured process where a mediator helps the disputing parties find a mutually acceptable resolution. This may be mandated by a court or initiated voluntarily.
Mediator: A neutral third-party professional trained to facilitate discussions and negotiations between conflicting parties without imposing decisions.

Step-by-Step Guide to Filing a Motion to Refer Case to Mediation

Determine the Suitability: Assess if the case is suitable for mediation considering the nature of the dispute and the relationship between the parties involved.
Choose a Mediator: Identify and agree upon a certified mediator who is recognized for handling disputes within your specific jurisdiction and type of case.
Prepare the Motion: Draft the motion to refer the case to mediation, clearly stating the reasons for the request and the desired outcome. This should include details about the chosen mediator and the benefits expected from the mediation session.
File the Motion: Submit the completed motion to the federal court or the relevant local court handling your case.
Notify All Parties: Ensure all involved parties are given a public notice about the mediation initiative. This step is crucial for preparing everyone involved and securing their participation.
Attend Mediation: Participate in the mediation process, aiming to resolve the dispute through facilitated dialogue and negotiation.

Risk Analysis

Bringing a motion to refer a case to mediation involves risks such as the potential non-compliance of the opposing party, possible inefficacy of the mediation session if parties are not fully committed, and the unpredictable nature of the dispute resolution outcome. Carefully analyze the dynamics between the parties and the nature of the dispute to mitigate risks effectively.

Best Practices

Early Initiation: Propose mediation early in the litigation process to save time and resources often consumed by extended legal battles.
Choosing the Right Mediator: Select a mediator with a proven track record in similar disputes and a style that compliments the parties' dynamics.
Clear Communication: Ensure transparent and continuous communication among all parties involved to maintain a focus on collaboration over confrontation.
Document Agreement: Secure a written agreement that encapsulates all mediation discussions and finalized decisions.

Common Mistakes & How to Avoid Them

Lack of Preparation: Parties often enter mediation without adequate preparation. Its essential to understand the case thoroughly and have a clear strategy for negotiation.
Choosing the Wrong Mediator: A common error is selecting a mediator based merely on availability or cost. Evaluate the mediators expertise and compatibility with the cases requirements.
Inadequate Documentation: Failing to properly document the outcomes and agreements during mediation can lead to misunderstandings or disputes later. Ensure that all decisions are recorded and understood by all parties.

How to fill out Motion To Refer Case To Mediation?

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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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