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.
A "Kentucky Motion By Plaintiff to Refer Cause to Mediation" is a legal document filed by the plaintiff in a civil lawsuit in the state of Kentucky, requesting the court to refer the case to mediation. Mediation is a form of alternative dispute resolution in which a neutral third party, known as a mediator, helps facilitate communication and negotiation between the parties involved in the lawsuit. This motion is commonly used when the plaintiff believes that mediation would be a beneficial method for resolving their claims. In Kentucky, there are two types of motions that a plaintiff can file to refer a cause to mediation: voluntary mediation and court-ordered mediation. 1. Voluntary Mediation: The plaintiff may file a motion to request voluntary mediation in Kentucky. This type of mediation is initiated by the parties involved, and both the plaintiff and the defendant must agree to participate. Voluntary mediation allows the parties to have more control over the process and gives them the opportunity to work together towards a mutually agreeable resolution. By filing this motion, the plaintiff expresses their willingness to explore mediation as a means of resolving the case. 2. Court-Ordered Mediation: Alternatively, a plaintiff can file a motion for court-ordered mediation. This type of mediation is typically requested when the plaintiff believes that mediation would be beneficial, but the defendant is unwilling to participate voluntarily. In such cases, the court may order the parties to attend mediation in an effort to encourage settlement negotiations and avoid the need for a lengthy trial. Court-ordered mediation can be a helpful tool for resolving disputes efficiently and cost-effectively. When filing a Kentucky Motion By Plaintiff to Refer Cause to Mediation, it is important to include the following information: 1. Caption: Begin the motion with the court's name and the case's title, including the plaintiff's and defendant's names. 2. Introduction: Clearly state that the motion is being filed by the plaintiff and indicate their intention to refer the cause to mediation. Describe the nature of the lawsuit briefly. 3. Supporting Argument: Provide a persuasive argument explaining why mediation is an appropriate method for resolving the case. Discuss the benefits of mediation, such as reduced costs, faster resolution, and the opportunity for the parties to maintain control over the outcome. 4. Applicable Rules/Laws: Reference any applicable court rules or statutes that authorize the court to refer cases to mediation, such as Kentucky Revised Statutes section 417.220. 5. Request for Relief: Clearly state the plaintiff's request for the court to refer the cause to mediation, either voluntarily or court-ordered. Indicate any specific preferences regarding the mediator's qualifications or any other relevant details. 6. Supporting Documentation: Attach any supporting documents, such as correspondence between the parties regarding mediation or previous attempts at settlement, that can bolster the argument for mediation. 7. Certificate of Service: Include a statement certifying that a copy of the motion has been served to the opposing party or their counsel, in compliance with the court's rules of procedure. In conclusion, a Kentucky Motion By Plaintiff to Refer Cause to Mediation is a formal request to the court, made by the plaintiff, seeking to resolve the case through mediation. The plaintiff can choose between voluntary mediation, if both parties are willing, or court-ordered mediation, if the defendant is reluctant. Filing this motion allows the plaintiff to express their interest in utilizing mediation as an alternative means of dispute resolution, allowing for potential settlement discussions in a cooperative and structured environment.
