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.
A North Dakota Motion to Refer Case to Mediation is a legal petition filed by one or both parties involved in a lawsuit in North Dakota requesting the court to refer the case to mediation. Mediation is a form of alternative dispute resolution where a neutral mediator facilitates communication between the parties in an effort to help them reach a mutually acceptable agreement. In North Dakota, there are several types of Motions to Refer Case to Mediation that can be filed, including: 1. General Motion to Refer Case to Mediation: This is the most common type of motion filed in North Dakota, where either party in a civil lawsuit requests the court to refer the case to mediation. The motion outlines the reasons why mediation would be beneficial and emphasizes the desire to explore a settlement before proceeding to trial. 2. Court-Ordered Motion to Refer Case to Mediation: In certain situations, the court may order the parties to attempt mediation before proceeding with litigation. This may occur when the court believes that mediation has the potential to resolve the dispute more efficiently or when the court believes the parties may benefit from the opportunity to reach a settlement outside of court. 3. Stipulated Motion to Refer Case to Mediation: Sometimes, both parties may voluntarily agree to pursue mediation before continuing the litigation process. In this case, they can jointly file a stipulated motion requesting the court's permission to refer the case to mediation. This demonstrates a commitment from both parties to explore alternative dispute resolution methods. Keywords: North Dakota, Motion to Refer Case to Mediation, legal petition, lawsuit, alternative dispute resolution, neutral mediator, communication, mutually acceptable agreement, civil lawsuit, settlement, trial, court-ordered, stipulated motion, litigation process.
