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While court hearings are public, mediation remains strictly confidential. No one but the parties to the dispute and the mediator or mediators know what happened. Confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation.
(1) The Court may, by order, refer proceedings in the Court, or any part of them or any matter arising out of them: (a) to an arbitrator for arbitration; or (b) to a mediator for mediation; or (c) to a suitable person for resolution by an alternative dispute resolution process; in accordance with the Rules of Court.
JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. [1] is a United States–based for-profit organization of alternative dispute resolution (ADR) services, including mediation and arbitration. [2] [3] H. Warren Knight, a former California Superior Court judge, founded JAMS in 1979 in Santa Ana, California. [4]
In mediation, there is a third party, a mediator, who facilitates the resolution process (and may even suggest a resolution, typically known as a "mediator's proposal"), but does not impose a resolution on the parties.
Former Federal Mediation and Conciliation Service headquarters in Washington, D.C. (now demolished). The Federal Mediation and Conciliation Service was created as an independent agency of the federal government under the terms of the Labor Management Relations Act of 1947 (better known as the Taft–Hartley Act) to replace the United States Conciliation Service that previously operated within ...
Retired judges or private lawyers often become arbitrators or mediators; however, trained and qualified non-legal dispute resolution specialists form a growing body within the field of alternative dispute resolution (ADR). In the United States, many states now have mediation or other ADR programs annexed to the courts, to facilitate settlement ...
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Lawyer-supported mediation is a "non-adversarial method of alternative dispute resolution (ADR) to resolves disputes, such as to settle family issues at a time of divorce or separation, including child support, custody issues and division of property".