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Wyoming
Mediation Agreement between Private Parties

Wyoming Mediation Agreement between Private Parties

Category:

Arbitration and Mediation - Contracts

State:

Multi-State

Control #:

US-02296BG

Format:

Instant download

Description

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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FAQ

Mediation is a voluntary process. It is optional for both parties. Unless both parties agree to mediation as a way to resolve their disagree- ment, a mediation session cannot be scheduled. The Mediation session is completely confiden- tial and encourages open communication.

The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker.

Mediation is a voluntary and confidential process where a trained impartial mediator helps parties in conflict communicate respectfully and effectively with each other. The mediator facilitates communication by helping the parties define issues, remove communication obstacles, and explore potential solutions.

Mediation needs a law guaranteeing confidentiality, because the confidentiality maintained by the neutral party is what sustains the integrity of this dispute resolution process.

Mediation is one type of alternative dispute resolution, also known as ?ADR?.

As a general rule, mediation communications are privileged and not subject to discovery or admissible in evidence in a proceeding unless waived by all the parties to a mediation, as well as the mediator and the third party participants.

Some of the statutory exceptions include (1) when disclosure is necessary for criminal prosecution; (2) when necessary to prove coercion or fraud that led to the mediated settlement; (3) in order to establish the existence or terms of a settlement agreement; and (4) when necessary to impose sanctions or to discipline ...