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.
New York Motion to Refer Case to Mediation is a legal process that allows parties involved in a dispute to resolve their issues outside the courtroom through mediation. Mediation is a voluntary process where a neutral third party, known as the mediator, helps the parties communicate and negotiate to reach a mutually acceptable resolution. In New York, there are different types of motions that can be filed to refer a case to mediation, including: 1. Pre-trial Motion to Refer Case to Mediation: This motion can be filed before a lawsuit goes to trial. Parties can request the court's intervention to refer the case to mediation and attempt to settle their differences without going through a lengthy and costly trial. 2. Post-trial Motion to Refer Case to Mediation: If a trial has already taken place, and the parties are dissatisfied with the outcome, they can file a post-trial motion to refer the case to mediation. This allows the parties to see if they can reach a more satisfactory resolution through mediation rather than pursuing lengthy appeals. 3. Interlocutory Motion to Refer Case to Mediation: An interlocutory motion can be filed during the course of litigation when parties believe that mediation can be more effective in resolving certain issues. It allows for specific aspects of the case to be referred to mediation, potentially saving time, money, and preserving relationships. These motions are typically filed with the court and require the parties to provide a detailed explanation of why they believe mediation is appropriate and how it can help in resolving the dispute. Parties may highlight various factors such as preserving confidentiality, maintaining control over the outcome, or avoiding the uncertainty of trial. Mediation offers parties the opportunity to work collaboratively and find creative solutions that can satisfy all parties involved. It is often considered a more efficient and cost-effective alternative to litigation, as it promotes open communication, reduces hostility, and encourages a mutually agreeable outcome. In summary, a New York Motion to Refer Case to Mediation is a legal tool used to request the court's involvement in referring a case to mediation, allowing parties to explore settlement options outside the courtroom. Different types of motions can be filed depending on the stage of the litigation, such as pre-trial motion, post-trial motion, or interlocutory motion. Mediation provides an alternative dispute resolution process, fostering cooperation and enabling parties to reach consensus in a more efficient and amicable manner.
