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 New Jersey Motion By Plaintiff to Refer Cause to Mediation is a legal procedure in which the plaintiff in a civil lawsuit requests the court to refer their case to mediation. Mediation is a form of alternative dispute resolution (ADR), aimed at resolving conflicts through negotiation facilitated by a neutral third party known as a mediator. The purpose of this motion is to encourage parties to engage in meaningful discussions, examine their respective positions, and potentially reach a mutually agreeable resolution without the need for a formal trial. Mediation can save time, costs, and can help avoid the uncertainties associated with courtroom litigation. Here are different types of New Jersey Motions By Plaintiff to Refer Cause to Mediation: 1. Interlocutory Motion By Plaintiff to Refer Cause to Mediation: This type of motion is filed during the pre-trial phase of the lawsuit, typically after discovery (the process of gathering evidence) has taken place. The plaintiff seeks to refer the case to mediation at an earlier stage, hoping to reach a resolution before trial. 2. Post-Discovery Motion By Plaintiff to Refer Cause to Mediation: This motion is filed after the completion of the discovery process. The plaintiff requests the court to refer the case to mediation, as they believe that sufficient information has been gathered, and a mediated settlement could be achieved. 3. Pre-Trial Motion By Plaintiff to Refer Cause to Mediation: This motion is filed shortly before the scheduled trial date. The plaintiff asserts that a last-minute attempt at mediation could be a viable option to resolve the dispute and avoid the need for a trial. 4. Motion By Plaintiff to Refer Cause to Mediation in Complex Cases: In complex cases involving multiple parties, intricate legal issues, or substantial financial stakes, the plaintiff may file this motion to ensure that the court considers mediation as a means to efficiently manage the case and encourage settlement discussions. 5. Motion By Plaintiff to Refer Cause to Mediation Based on Court Order: In some instances, a court may order the parties involved in a lawsuit to engage in mediation before proceeding with litigation. If the parties fail to agree on a mediator or fail to reach a settlement after mediation, the plaintiff may file this motion, requesting the court's assistance in selecting a mediator or offering further guidance regarding mediation. These motions emphasize the plaintiff's intention to explore mediation as an alternative to trial, highlighting the potential benefits of resolving the dispute amicably. By using these motions, plaintiffs can seek the court's intervention to encourage the opposing party's participation in the mediation process.
