A judicial mediator helps parties in a legal dispute come to an agreement without going to court. They do not issue a decision or compel either party to make one. Mediation services are used in family courts, landlord-tenant disputes, and civil lawsuits to reduce the burden on the justice system. The scope of activity varies, with some mediators having a legal background and others in psychology or counseling. Mediation can protect tenants from having a lawful eviction on their credit record.
A judicial mediator is a person typically certified by the court system to help parties to a legal dispute resolve their disputes without actually having to go to a judge. While a judicial mediator may have the ability to negotiate legally binding decisions, the mediator himself does not issue a decision, nor does he compel either party to make a decision in a case. Instead, the mediator typically uses his professional training to assist the parties in coming to an understanding of each other’s position and negotiating a course of action on which both parties can agree. While mediation services are often associated with family courts, many court systems use mediators to address a variety of legal conflicts, including landlord-tenant difficulties and general civil lawsuits.
Not all court systems offer applicants and defendants the possibility of working with the judicial ombudsman. Court systems that recognize and support mediation services often do so to reduce the burden on the justice system, as many courts can become overburdened with cases. These court systems also recognize that it can be difficult for opponents in a judicial proceeding and for their attorneys to reach an agreement or settlement without the assistance of a neutral third party. In many cases, a recognized judicial mediator must complete a comprehensive mediation training program.
The scope of activity of a judicial mediator varies according to the judicial system and the training of the mediator. In some cases, a mediator may in fact hold a legal license and is therefore able to enter into legally binding agreements. Having a legal background also helps mediators understand the legal principles at stake and the rights of both parties. In other cases, the court ombudsman may have a background in another field. For example, some family court mediators may have credentials in psychology, social work, or counseling.
Many court systems rely on the court ombudsman to help angry divorcing parents sort out custody and child support issues. In some cases, courts may even require mediation in most contested divorces. More recently, mediation services have become available to landlords and tenants who are in conflict over issues of rent, property rules, and repairs. A significant benefit of using a court mediator to resolve a landlord-tenant dispute is that doing so protects a tenant from the stigma of having a lawful eviction on their credit record.
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