Can anyone tell me whats the difference between Mediation & Mandatory Settlement? I got hurt at work hit by A?
Forklift while back the guy came in drunk early in the morning? My question is I got A lawyer and she said we got A Mandatory Settlement Conference next week? I thought in Lawsuits you goto Mediation frist? Why are we going to A Judge? Is seeing A Judge better then Mediation?
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Mediation
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•Background
•Voluntary versus Mandatory Mediation
•The Mediation Process
•Deciding to Mediate a Dispute
•Uniform Mediation Act
•Federal Mediation
•State Mediation Provisions
•Additional Resources
•Organizations
Background
MEDIATION refers to one of several methods used to resolve legal disputes other than through formal court trial. Mediation and ARBITRATION constitute methods of “alternative dispute resolution” (ADR). Arbitration is used as a substitute for trial, but mediation merely assists the parties in reaching their own resolution of a disputed matter. Instead of a judge or jury rendering a judgment or verdict, or an arbitrator rendering a binding decision, a “mediator” merely facilitates open discussion and tries to assist the parties in resolving their differences on their own. Mediation thus avoids the “win–lose” set-up of a trial or arbitration.
Those who go through formal mediation tend to achieve SETTLEMENT through their own spirit of mutual compromise. For that reason, mediation may be particularly helpful or appropriate in situations where parties have an ongoing relationship (neighbors, business associates, divorcing parents of minor children, etc.) and do not want that relationship destroyed by the adversarial process of trial. In addition to being less adversarial than trial or arbitration, mediation tends to be less expensive, faster, and nonbinding.
Mediation also may be used as a pre-trial initiative to provide a way for litigating parties to gauge the relative strengths and weaknesses of their claims and defenses before they get to the point of trial. This does not mean that mediation is used as a practice trial; rather, it represents a joint effort in GOOD FAITH to resolve the matter before it gets to trial. In this form of mediation, after parties consider all sides to the dispute, a recommendation for settlement is given to the parties for their consideration. If the parties are unwilling to compromise their respective positions, and no settlement of the dispute results, at least the mediation experience will have given them a better understanding of how the dispute may or may not play out in court.
Voluntary versus Mandatory Mediation
Mediation of a dispute may occur as a result of voluntary private agreement, community program, or court order (which includes STATUTORY mediation of some matters prior to trial). However, the term “mandatory mediation” may be misleading. It merely means that the parties are “forced to the table” to try to resolve their dispute prior to trial. It does not mean that they are required to settle their dispute; it merely requires that they attempt to do so in good faith. The decision to accept the outcome of the mediation and settle the matter remains voluntary. If the attempt at mediation fails to resolve the dispute, the parties may continue to litigate the matter.
A voluntary agreement to mediate a dispute may pre-exist the dispute, as in a private contract provision in which the parties agree to mediate any dispute that may arise in the future. Alternatively, a decision to mediate may come about after a dispute has already occurred and the parties are merely considering a way to resolve the matter without going to court.
Statutory mandatory mediation usually governs disputes concerning certain subject matters, such as labor relations, family matters (e.g., CUSTODY disputes), or consumer matters. Many states also have mandatory mediation provisions for civil disputes in which the dollar amount in controversy falls within a certain range. In those circumstances, mediation becomes an integral part of “pre-trial procedure,” promoting the resolution of the dispute at a stage before the cost of LITIGATION has begun to accrue.~
MSC is a mediation. The parties are encouraged to resolve the claim
informally. The judge only gets involved IF you and the employer
can’t settle at the MSC/hearing. Discuss this with your
attorney…not a message board. That’s what you have the atty
for…