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.
Louisiana Motion By Plaintiff to Refer Cause to Mediation is a legal document that is filed by the plaintiff in a court case in Louisiana to request the referral of the cause to mediation. Mediation is an alternative dispute resolution process that allows parties involved in a lawsuit to negotiate a settlement with the assistance of a neutral third-party mediator. This motion provides an opportunity for the plaintiff to bring the parties together and explore the possibility of reaching a mutually agreeable resolution. In Louisiana, there are different types of motions by the plaintiff to refer the cause to mediation, including: 1. Motion By Plaintiff to Refer Cause to Mediation — This is the standard motion filed by the plaintiff to request the referral of the cause to mediation. In this motion, the plaintiff acknowledges the benefits of mediation and expresses their willingness to engage in the process. 2. Expedited Motion By Plaintiff to Refer Cause to Mediation — This type of motion is filed when there is an urgent need to resolve the dispute quickly. It highlights the time-sensitive nature of the case and emphasizes the importance of prompt mediation proceedings. 3. Motion By Plaintiff to Refer Cause to Mediation with Specific Mediator Request — In certain situations, the plaintiff may have a specific mediator in mind to facilitate the mediation process. This motion includes a request to appoint a particular mediator who is believed to possess the necessary expertise and experience to facilitate the resolution of the case effectively. 4. Motion By Plaintiff to Refer Cause to Mediation with Cost-Sharing Proposal — This motion is filed when the plaintiff proposes a specific cost-sharing arrangement for the mediation process. It outlines how the costs associated with mediation will be divided among the parties and may include provisions for sharing the mediator's fees, administrative costs, and other related expenses. 5. Joint Motion By Plaintiff and Defendant to Refer Cause to Mediation — In some cases, both the plaintiff and the defendant may agree to pursue mediation as a means of resolving their dispute. This joint motion is filed together by the parties, demonstrating their commitment to work together towards a mutually satisfactory outcome through mediation. It is important to note that the specific requirements and procedures for filing a motion to refer a cause to mediation may vary depending on the court and jurisdiction. Therefore, it is recommended to consult with a legal professional familiar with Louisiana law to ensure compliance with the relevant procedures and guidelines.
