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.
Oklahoma Motion to Refer Case to Mediation is a legal procedure that allows parties involved in a civil lawsuit to request the court to refer their case to mediation. Mediation is a dispute resolution process where a neutral third party, known as a mediator, assists the parties in reaching a mutually acceptable settlement. In Oklahoma, there are different types of motions to refer a case to mediation, depending on the stage of the litigation and the specific circumstances of the case. 1. Motion to Refer Case to Mediation at the Outset of a Lawsuit: — When a lawsuit is filed, either party can file a motion to refer the case to mediation before proceeding with further litigation. — This type of motion aims to resolve the dispute early on, saving time and costs associated with a protracted trial. 2. Motion to Refer Case to Mediation after Discovery: — After completion of the discovery phase, either party can file a motion to refer the case to mediation to explore settlement options before proceeding to trial. — This motion is often filed when parties believe that further litigation may be avoided by engaging in mediation. 3. Motion to Refer Case to Mediation Ordered by the Court: — In some situations, the court may order the parties to attend mediation as part of the case management process. — This might occur when the court recognizes the potential for a beneficial settlement through mediation or when the judge believes it would be in the best interest of the parties to attempt mediation. 4. Motion to Refer Case to Mediation during the Appellate Process: — Even in appellate cases, where a party contests a lower court's decision, litigants can file a motion to refer the case to mediation. — This motion allows the parties to explore potential settlement options prior to continuing with the appeal process. Motions to refer a case to mediation in Oklahoma are an essential tool for parties seeking to resolve their disputes outside the traditional court system. It provides an opportunity for the parties to communicate, negotiate, and reach a mutually satisfactory resolution under the guidance of a mediator. Consequently, using this process can help save time, reduce costs, and potentially preserve relationships between the parties involved.
