Fill and Sign the Plaintiff Mediation Form

IN THE UNITED STATES DISTRICT COURT FOR THE ________________________________________ (District) OF ______________________________________________________ (State) _____________________________________________ (Division) ______________________________________________ PLAINTIFF V. CAUSE NO. _____-______ _______________________________________________ DEFENDANT Motion By Plaintiff to Refer Cause to Mediation COMES NOW ____________________________________________________ , Plaintiff in the above-styled and numbered Cause, by and through his attorney, and files this Motion for an Order referring the above numbered and styled Cause to mediation, and in support thereof would show unto the Court the following matters and facts: 1. ________________________________________________ is the Plaintiff in the above numbered and styled Cause and is represented by __________________________ ________________________________________________________________________ ____________________________________________ ( name and address of attorney) . ________________________________________________________ is the Defendant in the above numbered and styled Cause and is represented by _______________________ ________________________________________________________________________ _____________________________________________ ( name and address of attorney) . 2. A Complaint was filed in this Cause on ____________________________ (date) and process was duly served on Defendant on _____________________________ (date). 3. The following discovery in this Cause has occurred: _______________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ___________ (set forth all discovery completed by parties as of the date of this motion). 4. Plaintiff asks the Court to take judicial notice that the overwhelming percentages 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 conferences: _____________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _________________ (state dates, location, and amount of time each conference lasted) . 6. Progress towards negotiation at these conferences has been made, but without outside assistance, it appears to Plaintiff that a settlement cannot be reached. 7. In order to facilitate a negotiated settlement in the above numbered and styled cause, Plaintiff believes 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 in this matter. 8. Plaintiffs believe 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 had 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. WHEREFORE, Plaintiff requests that this Court issue an order referring the above numbered and styled cause to a mediator for mediation, 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, __________________________________________ PLAINTIFF By: ______________________________________ (Name of Attorney) State Bar No. _____________ One of His Attorneys ________________________________________________ (Name of Attorney) Post Office Box _____-______ City, State, Zip Code _____________________________________________________ ______________________________________________ Telephone: ______-_____-_________ Certificate of Service This is to certify that I, _______________________________________________ (Name of Attorney), attorney for Plaintif ______________________________________ (Plaintiff) , have this date served a true and correct copy of the above and foregoing Motion By Plaintiff to Refer Cause to Mediation by U.S. Mail, postage fully prepaid, to the following counsel of record for Defendant: _____________________________________________________ (Name of Attorney) Post Office Box _________ ________________________________________________________________________ City, State, Zip Code This the ____ day of ______________________, 20___. Respectfully Submitted, ____________________________________ (Name of Attorney) State Bar No. _____ Attorney for Plaintiff OF COUNSEL: _____________________________________________ (Name of Attorney) Post Office Box ____-_______ City, State, Zip Code_______________________________________________________ Telephone: _____-_____-___________ Notice of Motion By Plaintiff to Refer Cause to Mediation You are notified that on __________________________ ( date) , at _______ (time) , or as soon thereafter as counsel can be heard, in Courtroom 000 of the United States District Court for the ____________________________________ (District) of _____________________________________________ (State), _______________________________ (Division) at the Federal Courthouse at ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code) , Plaintiff, _____________________________________________ (Plaintiff) , through his attorney, will move the court for an Order referring this Cause to Mediation for the reasons stated in the above Motion.. ____________________________________ PLAINTIFF By_________________________________ (Name of Attorney) Its Attorney Certificate of Service This is to certify that I, ________________________________________ (Name of Attorney), attorney for Plaintif, ________________________________________, (Plaintiff) , have this date served a true and correct copy of the above and foregoing Notice of Motion By Plaintiff to Refer Cause to Mediation by U.S. Mail, postage fully prepaid, to the following counsel of record for Defendant: _______________________________________________ (Name of Attorney) Post Office Box _________ City, State, Zip Code______________________________________________________ ________________________________________________ This the ____ day of ____________________, 20____. Respectfully Submitted, ____________________________________ (Name of Attorney) State Bar No. _____ Attorney for Defendant OF COUNSEL: ______________________________________ (Name of Attorney) Post Office Box _____-______ City, State, Zip Code ______________________________________________________ ___________________________________ Telephone: _____-____-_______