Motion for Mediation

Motion to Refer Case to Mediation

IN THE COURT OF ()

PLAINTIFF

(Name of Plaintiff)

V. CAUSE NO.

DEFENDANT

(Name of Defendant)

Motion to Refer Case to Mediation

Comes now , Defendant, in the above-captioned cause, who, by and through his attorney, and moves the Court pursuant to (cite ADR authority) for an order referring the above numbered and styled cause to mediation, and shows the Court the following:

1. is represented by

is the Plaintiff in this cause, and is represented by

2. A in this cause was served on Defendant on or about . Issue was joined in this cause on or about .

3. The following discovery in this cause has occurred: (List all discovery done by both parties to the date of the motion)

4. Defendant asks the Court to take notice that the overwhelming percentage of all causes filed are ultimately resolved prior to judgment, and that the majority of those resolutions are by settlement.

5. In this cause, Plaintiff and Defendant have held the following settlement negotiation conferences: (state dates and amount of each conference)

6. Progress towards negotiation at these conferences has been made, but without outside assistance, it appears to Defendant that a settlement cannot be reached.

7. In order to facilitate a negotiated settlement in the above numbered and styled cause, Defendant feels that the assistance of a neutral mediator would be beneficial to the parties to both narrow the outstanding issues involving the claims and defenses involved, and assist the parties in discussing possible settlement terms regarding the still-outstanding issues in controversy, and that mediation is the most appropriate alternative dispute resolution procedure because (specify reason or reasons)

8. It is the opinion of Defendant that without the assistance of a mediator, additional settlement negotiations regarding the outstanding issues will continue for an indeterminate length of time without reaching a resolution of those issues.

9. In consideration of the discovery set forth above, the parties have sufficient information to determine their settlement positions.

10. Neither party in this cause has filed, or is likely to file, a motion for summary judgment that would be successful in removing this cause from the trial docket, and no motion is anticipated that would dispose of this cause as a matter of law.

11. There is no issue of law that would prevent either party from reaching a fair and negotiated settlement of the issues in this cause.

12. Wherefore, Defendant respectfully requests that this Court issue an Order referring the above numbered and styled cause to a mediator for mediation pursuant to (cite ADR authority) , that the Order require the mediator to schedule and hold a mediation conference, and that the cost of the mediation be shared equally by the parties.

Respectfully submitted,

Certificate of Service

This is to certify that I, , attorney for Defendant , have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for the State:

This the day of , 20.

Respectfully Submitted,

OF COUNSEL:

Telephone:

Notice of Motion to Refer Case to Mediation

You are notified that on , at , or as soon thereafter as counsel can be heard, in Courtroom of the Court for County, , at the Courthouse at , Defendant , by and through his attorney, will bring on for hearing his Motion for the reasons stated in the above Motion.

Respectfully Submitted,

OF COUNSEL:

Telephone: