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 York Motion By Plaintiff to Refer Cause to Mediation is a legal request made by the plaintiff (the party initiating a legal action) in a lawsuit in the state of New York to request the court to refer the case to mediation. Mediation is a form of alternative dispute resolution where the parties involved in a legal conflict work with a neutral third party, known as a mediator, to reach a mutually agreeable resolution. In New York, there are different types of motions by plaintiff to refer cause to mediation, including: 1. Pre-trial Motion: This type of motion is filed by the plaintiff before the trial proceedings begin. The plaintiff may request the court to refer the case to mediation as a means to expedite the resolution of the case, save costs, and promote a more collaborative approach. 2. Mid-trial Motion: In some instances, during the trial, the plaintiff may believe that mediation could lead to a more favorable outcome or provide an opportunity for settlement. The plaintiff can file a motion to refer the cause to mediation at this stage, seeking the court's permission to pause the trial proceedings and explore mediation as an alternative. 3. Post-trial Motion: After the trial proceedings have concluded, but before the court renders a final verdict, the plaintiff may file a motion to refer the cause to mediation. This motion is typically made in cases where the jury has not reached a unanimous decision or where the plaintiff believes that mediation could lead to a more satisfactory resolution. 4. Appellate Motion: If the plaintiff is dissatisfied with the verdict or outcome of the trial, they may file an appellate motion to refer the cause to mediation at the appellate court level. This motion aims to explore mediation as an alternative to continuing the formal litigation process. When filing a motion by plaintiff to refer cause to mediation in New York, it is crucial to provide detailed reasons supporting the request. The plaintiff should outline the benefits of mediation, such as preserving relationships, maintaining confidentiality, and potentially reaching a mutually satisfactory solution. Additionally, it is essential to provide any relevant case law or legal precedents supporting the request for referral to mediation. By filing a New York Motion by Plaintiff to Refer Cause to Mediation, the plaintiff demonstrates an interest in resolving the dispute amicably and in a way that promotes open communication and compromise. This approach reflects the growing trend in the legal system towards utilizing alternative dispute resolution methods, such as mediation, to reduce the burden on the court and foster more efficient and satisfactory outcomes for all parties involved.
