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.
Motion By Plaintiff to Refer Cause to Mediation
Category:
State:
Multi-State
Control #:
US-01006BG
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Word;
Rich Text
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Description Mediation Statement Examples
Free preview Mediation Position Statement Example
How to fill out Refer Mediation Statement?
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Don't just repeat your Statement of Claim or Defence. Do outline the main issues in the case, and your position on each of those issues. Do consider addressing any weaknesses up-front. Do include any settlement offers that have been made to date.
Establish the purpose of the meeting. Establish mediator/facilitator role. Establish time limits for the discussion (may need to schedule another meeting). Set groundrules. Define the problem.
There are essentially 5 steps to a successful mediation. They are comprised of the introduction; statement of the problem; information gathering; identification of the problems; bargaining; and finally, settlement.
Avoid saying alienating things, and say difficult things in the least alienating way possible. Set ground rules to avoid attacking openings. Remember that avoiding saying unwelcome things, by having the mediator say them, merely transfers the other party's resentment from counsel to the mediator.
Mediators help the parties get what they want by asking open-ended questions to find out what it is they want. To determine their desired outcome, the mediator can simply ask, "What exactly are you looking for in this deal?" The mediator should try to determine if the parties' wants are common, different or opposed.
Focus on the problem. Rather than blaming particular individuals, identify the issues at stake, and invite others to join you in thinking about solutions. Engage in joint problem solving. Promote effective feedback.
The Mediator Does Not Pick Sides. Be Open Minded and Listen to Opposing Counsel's Presentation. Mediations Are Typically Long, Boring2026and Intense. Mediators Are Not Arbitrators or Judges. Mediation Often Is the Best Time to Settle.
Proper Training:- Proper training to mediators, arbitrators etc. must have to be provided so that they would be able to resolve the disputes and help in promotion of such friendly solution to dispute. Training may also be given to welfare experts, family counselor etc. to promote these means.
A Position Statement is a permanent record of a party's position, ever present throughout the mediation.Position Statements should be provided by each party to every other party, and the mediator. Often a date for simultaneous exchange is suggested by the mediator or agreed between the parties.