Judicial mediation is a process offered by US district courts to resolve disputes without further litigation. A neutral mediator helps parties negotiate a resolution, often explaining weaknesses in their cases. The process can be mandatory or voluntary, and if unsuccessful, parties can proceed with litigation. Mediation saves time and money and reduces the burden on the justice system.
In the United States, judicial mediation refers to a procedure offered by local district courts to litigants as a means of quickly resolving a dispute, without the need for further litigation. Mediation is an alternative dispute resolution process in which a neutral third party, through active consultation with the parties, seeks to negotiate a resolution of the case. Mediators are experts in conflict resolution techniques and take a proactive role in the resolution process by urging parties to step away from their initial, intractable negotiating positions and settle down. A mediator usually has in-depth knowledge of the facts and circumstances of the parties’ case, as well as the applicable law. During the judicial mediation process, it is not uncommon for a mediator, in an attempt to induce a negotiated solution, to explain weaknesses in their respective court cases to one or both parties.
Civil litigation can be a long, time consuming and costly process. Although most civil cases in the United States are resolved before trial, due to the attitude that occurs between parties during the normal stages of the civil trial, a resolution is usually not reached until shortly before trial. The goal of court mediation is to give the parties an opportunity to settle the case early in the litigation, rather than waiting just until a trial date has been set to resolve the dispute. Resolving the case early saves litigants time and money and relieves the justice system of pending cases.
The judicial mediation process can be mandatory or voluntary. Many jurisdictions make the continuation of the civil litigation process conditional on participation in a judicial mediation session. If the parties are unable to resolve the dispute through mediation, they are free to proceed with the civil proceeding in the judicial system. Most courts will appoint a mediator for the parties and schedule a mandatory mediation session shortly after a defendant submits his or her response to a civil complaint.
Judicial mediation offers tangible benefits to both litigants and the courts. If judicial mediation succeeds in resolving the dispute in the early stages of litigation, it reduces the administrative burden for the judicial system. Having a dispute resolved through mediation in the early stages of litigation saves the parties time and money and eliminates the uncertainty and risk of a trial.
Protect your devices with Threat Protection by NordVPN
