Jdf 1118 mediation form-2025

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There are some cases when both mediation and arbitration are necessary to reach a solution. This is called med-arb.
Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings.
Arbitration is like the court process as parties still provide testimony and give evidence similar to a trial but it is usually less formal. In mediation, the process is a negotiation with the assistance of a neutral third party. The parties do not reach a resolution unless all sides agree.
In this increasingly popular process, parties first attempt to collaborate on an agreement with the help of a mediator. If the mediation ends in impasse, or if issues remain unresolved, the parties can then move on to arbitration.
The AAA has been selected to administer high-profile, large-volume mediation claims programs, including disaster recovery and Residential Mortgage Foreclosure Mediation.
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A mediation statement should distill the issues in the case. Less is always more. Start with a single paragraph identifying the parties and summarizing the claims. Provide a concise summary of the key facts without the gory details, as objectively as possible.
The mediators fee agreement is with the parties, though some mediators will expect the representing attorney to also commit to payment.
Because the mediator has no power to impose a resolution of the dispute on the parties, the parties must be willing to compromise. Mediation costs money, and an unsuccessful mediation will result in additional costs of litigation. Costs are usually split between the parties.

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