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ORTHODONTIST · Sep 3, 2009, 11:11 PM

Having long drawn out dispute with my brothers over parents estate judge recently ordered mediation prior to our next case management conference what usually happens next?

debewoodard · Sep 4, 2009, 11:45 AM

Most courts are now requiring mediation for all cases. This is a good thing and you should go with willingness and optimism as should your brothers. A certified mediator who is experienced in your particular area of law will be appointed or chosen by your attorneys and will in effect act as a judge who will listen to all sides and offer a resolution based upon his knowledge of the law and the facts presented to him (or her). The great thing is that you can accept his/her suggestions and end the case through a settlement agreement, or if you are not in agreement, you can proceed to trial before a judge. Another option is that you can reach a partial settlement for the issues on which the parties can agree and then ask the judge to rule on the issues upon which the parties cannot agree. Good luck.

cdad · Sep 4, 2009, 05:26 PM

Originally Posted by debewoodard

Most courts are now requiring mediation for all cases. This is a good thing and you should go with willingness and optimism as should your brothers. A certified mediator who is experienced in your particular area of law will be appointed or chosen by your attorneys and will in effect act as a judge who will listen to all sides and offer a resolution based upon his knowledge of the law and the facts presented to him (or her). The great thing is that you can accept his/her suggestions and end the case through a settlement agreement, or if you are not in agreement, you can proceed to trial before a judge. Another option is that you can reach a partial settlement for the issues on which the parties can agree and then ask the judge to rule on the issues upon which the parties cannot agree. Good luck.

I have never heard of this type of mediation before. Usually mediation isn't about judging its about guidance. And they help steer the parties through conflict. What your talking about sounds closer to arbitration. That's a different thing. A mediator requires no expertise in the law to guide the conversation.