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.
Rhode Island Motion to Refer Case to Mediation is a legal filing made by a party involved in a litigation process in the state of Rhode Island to propose resolving the dispute through mediation. Mediation is a voluntary and confidential process where a neutral third party helps both sides in a dispute reach a mutually acceptable agreement. This motion can be made by any party involved in a civil case, such as individuals, businesses, or organizations. Its purpose is to request the court to refer the case to mediation in an attempt to save time, costs, and promote a more efficient resolution. By referring the case to mediation, the court aims to encourage the parties to engage in open communication, identify common interests, and work towards a mutually beneficial outcome. The Rhode Island Motion to Refer Case to Mediation may be known by various names, including: 1. Motion for Mediation: This motion requests the court to order the case to be mediated, emphasizing the party's willingness to actively participate in the mediation process. 2. Alternative Dispute Resolution (ADR) Motion: ADR refers to any method that provides an alternative to traditional court proceedings. This motion highlights the party's preference for mediation as an effective ADR method. 3. Motion to Stay Proceedings and Refer to Mediation: This motion not only requests mediation but also asks the court to suspend or stay the ongoing court proceedings until mediation has been completed. 4. Motion for Early Neutral Evaluation (ENE): Sometimes, parties may request an ENE, where a neutral evaluator assesses the strengths and weaknesses of each side's case. It is a pre-mediation step that helps the parties assess their positions, potentially leading to a more productive mediation process. In summary, the Rhode Island Motion to Refer Case to Mediation is a legal filing that seeks the court's permission to resolve a dispute through mediation. It can be referred to by different names, based on the specific purpose or stage of the mediation process. Parties opt for mediation to reduce litigation costs, expedite resolution, and actively participate in reaching an agreeable settlement.
