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What is Court—Referred Mediation?

What is Court—Referred Mediation?

How Does It Work?

  • Court-Referred Mediations always involve a conflict and disputants whose case has been specifically selected by the court to be mediated by representatives of Education for Conflict Resolution, Inc.
  • This mediation may include any persons that the ECR mediator determines to be necessary to properly resolve the dispute.
  • This mediation is an informal and non-adversarial process. The objective is to help the disputing parties reach a mutually acceptable agreement between or among themselves on all or any part of the issues in dispute.
  • It is important to remember that the decision-making authority rests with the parties, not the mediator.
  • Although the parties can bring their own attorneys to the mediation session(s), it is the belief and hope of the Court, that in ordering the parties to submit to mediation with Education for Conflict Resolution, Inc., attorneys may not be necessary to the mediation process particularly if the disputing parties have limited funds.
  • If needed, counsel for each party should make themselves reasonably available by phone, if the mediation occurs during normal business hours.
  • It should be noted that no final agreement will be executed without each party first being afforded the opportunity to review any mediated proposals with legal counsel.
  • As soon as it is possible, the ECR mediator will inform the Court when the mediation process has been completed, terminated, or extended. The mediator will also report whether the mediation has resolved the issues, or whether certain issues have been resolved while other issues remain unresolved.
  • An agreement on any or all issues will be accompanied by a joint stipulation of disposition signed by the parties. The mediation agreement will be regarded as settlement negotiations and neither the conduct nor statements of disputing parties made during the mediation will be admissible in the trial of their case.
  • Upon the petition of either party, the Court may impose sanctions against any party who fails to comply with the court order to enter the mediation process with ECR.
  • After the Court has ordered the disputing parties to contact ECR for mediation, both parties must contact ECR within five (5) business days from the date of order. After that is done, the mediation will be scheduled.
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  • The fee for Court-Referred Mediation with ECR is $35 dollars per party per/hour for each 2-hour mediation session, and $70.00 is due at the time of the mediation and payable by each party to Education for Conflict Resolution, Inc.
  • Please CLICK HERE to fill out the online registration for a Court-Referred Mediation.