Motion to Refer Case to Mediation

State:
Multi-State
Control #:
US-02642BG
Format:
Word; 
Rich Text
Instant download

Description Mediation Letter Template

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.

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Mediation Brief Example Form popularity

Sample Divorce Mediation Letter Other Form Names

Mediation Brief Template   Sample Mediation Statement   How To Write A Mediation Letter   Mediation Letter   Mediation Brief Sample   Mediation Position Statement Example   Mediation Letter Sample  

Arbitration Brief Sample FAQ

To find a private mediator you can: contact the Alternative Dispute Resolution Programs and Services on the Law Society NSW website. contact a Registered Mediation Accreditation Body and ask for details of mediators registered with them. For more information go to the Mediator Standards Board.

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.

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.

A good mediation summary will include some key components, tell a story, take the right tone, provide evidence, and include a discussion of risk. Your summary should include a brief case description and the legal issues involved in it. Introduce what the dispute is concerning.

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.

Key components. Your summary should include a brief case description and the legal issues involved in it. Story and theme. Think of your mediation summary as a story; write it persuasively to help the other side understand. Tone. Evidence. Risk. Go online for help writing mediation advocacy. Conclusion.

Be upfront. Your first paragraph should tell the mediator who you represent, who the opponent is, summarize the claims and explain what is at stake. Provide a concise summary of the facts and claims. Summarize prior settlement discussions. Identify strengths and weaknesses. Bring it home.

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.

You should put a heading at the top of your position statement containing useful information about the case, such as the case number, the name of the court, yours and the other party's names and the date and time of the court hearing.

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Motion to Refer Case to Mediation