Wyoming Motion By Plaintiff to Refer Cause to Mediation

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Multi-State
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US-01006BG
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Word; 
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Description

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.

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FAQ

Mediators are individuals trained in negotiations, who bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject. Mediation is not binding.

Arbitration may be either "binding" or "nonbinding." Binding arbitration means that the parties waive their right to a trial and agree to accept the arbitrator's decision as final. Generally, there is no right to appeal an arbitrator's decision.

Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings.

A mediation agreement becomes binding once both parties sign it. Therefore, you should thoroughly review mediation agreements before signing them, as the contract becomes legally enforceable once you sign the document. In some circumstances, a mediation agreement will be found unenforceable.

Mediation may be appropriate when: Parties are having difficulties resolving the dispute because of lack of conflict resolution skills or because of resistance to confronting, or being confronted by, the other party.

Forms of ADR Mediation is a flexible, informal process in which parties talk together with the assistance of a trained neutral mediator to try to resolve their dispute. The mediator has no power to decide the case or impose a resolution. The parties control the outcome.

The agreements of the parties in mediation are always made final only after each side sees his or her lawyer for legal advice. Once that happens, they can agree that either the lawyers or the mediator will draft the contract that the parties sign to end their dispute.

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Wyoming Motion By Plaintiff to Refer Cause to Mediation