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What Is Court Mediation?

There are instances wherein a court case is resolved outside a court trial through the help of a third party. Court mediation is offered by district courts to certain cases that can be settled without need for a trial. Mediation between the plaintiff and the defendant is usually done through a third party that can negotiate the terms of the settlement and appease both parties.

Mediation is also referred to as alternative dispute resolution or appropriate dispute resolution. Third parties acting as mediators often serve as a go between in order to communicate the wants and needs of each party involved. Such individuals are highly skilled in handling dispute resolution and do so by using a number of techniques such as dialogue and open communication.

Instead of having a judge impose his or her decision, a mediator will seek to accommodate the choices and decisions of each party involved. Thus, the plaintiff and the defendant contribute more to the result of the settlement than they would a sentencing from a judge.

Cases that use court mediation do so in order to avoid the lengthy and tedious process of court litigation. It becomes an issue of practicality rather than an issue of interpreting the law. Since the settlement will be reached outside of a court trial, court systems can deal with less administrative and judicial work.

Court mediation can be mandatory or voluntary depending on the judge and the court system. Either judge or court system may recommend a court mediator or assign one to a case.

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