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.
A Houston Texas Motion to Refer Case to Mediation is a legal procedure that aims to resolve a dispute or lawsuit through a mediated settlement process rather than going to trial. Mediation is a voluntary and informal method of alternative dispute resolution where a neutral third party, known as a mediator, facilitates communication and negotiation between the parties involved. In Houston, Texas, there are various types of Motions to Refer Case to Mediation, each serving different purposes and applicable to specific situations. Some common types include: 1. General Motion to Refer Case to Mediation: This is a standard motion filed by either party in a lawsuit to request the court to refer the case to mediation. By submitting this motion, the filer expresses their willingness to engage in mediated settlement discussions before proceeding to trial. 2. Pretrial Motion to Refer Case to Mediation: This motion is often filed by a party prior to the trial date, or during the pretrial conference. Its purpose is to request the court to order mediation in an attempt to reach a settlement before the trial begins. 3. Postponement Motion to Refer Case to Mediation: In some cases, when the court schedules a trial, but unforeseen circumstances arise or new evidence is discovered, a party may file a motion to postpone the trial and refer the case to mediation instead. This motion allows the parties additional time to explore settlement options. 4. Settlement Conference Motion to Refer Case to Mediation: This motion is typically filed when the court schedules a settlement conference to encourage the resolution of the case through mediation. It requests the court to refer the case to mediation during or after the settlement conference. 5. Joint Motion to Refer Case to Mediation: Occasionally, both parties involved in a lawsuit may mutually agree that mediation could be an effective means of resolving their dispute. They can file a joint motion requesting the court's permission to engage in mediation. In Houston, Texas, the legal system recognizes the benefits of mediation in reducing the burden on the court system, saving time and costs, and offering parties more control over the outcome of their dispute. Therefore, parties involved in a case may choose to file various types of motions to refer their case to mediation and explore alternative dispute resolution methods before pursuing a trial.
