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.
Contra Costa California Motion to Refer Case to Mediation is a legal procedure that allows parties involved in a legal dispute to request that their case be referred to mediation rather than proceeding to trial. Mediation is a voluntary and confidential process where a neutral third-party mediator facilitates communication and negotiation between the parties in order to reach a mutually agreeable resolution. In Contra Costa California, there are different types of Motions to Refer Case to Mediation, including: 1. General Motion to Refer Case to Mediation: This is a standard motion filed by either party involved in the dispute, requesting the court to refer the case to mediation in an effort to resolve the issues outside of court. 2. Mandatory Mediation Motion: In certain types of cases, such as family law or civil disputes, the court may require the parties to attend mediation before proceeding to trial. A Mandatory Mediation Motion is filed to request the court to order the parties to participate in mediation. 3. Early Case Evaluation Mediation Motion: This type of motion is specific to situations where early case evaluation has been ordered by the court. The motion requests that the case be referred to mediation for evaluation and potential resolution before further legal proceedings. 4. Limited Civil Case Motion to Refer to Mediation: In limited civil cases where the amount in controversy does not exceed a certain threshold, such as a small claims case, the parties may file a motion to refer the case to mediation as a means to achieve a less formal and costly resolution. 5. Special Master Mediation Motion: In highly complex or specialized cases, a Special Master Mediation Motion may be filed to request the appointment of a special master or expert mediator with significant knowledge and experience in the subject of the dispute. These motions are aimed at promoting the use of alternative dispute resolution methods, such as mediation, in order to resolve legal disputes efficiently and amicably. They provide parties with an opportunity to actively participate in the decision-making process and attempt to reach a mutually satisfactory outcome without the need for a formal trial. By referring cases to mediation, Contra Costa California aims to reduce the burden on the court system, save time and resources, and foster collaborative problem-solving between the parties involved.
