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2 Cards in this Set
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P's attorney can file request with court for mediation. Court may refer a pending dispute for resolution by ADR procedure like mediation.
May set reasonable fee for mediator services. Unless parties agree to payment method, court taxes the fee as a cost of the suit. |
Court may impose sanctions for refusal to participate in court-ordered mediation. However, may not impose sanctions for refusal to settle, nor may court order parties to mediate in good faith.
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Settlement
A consent judgment cannot be entered unless at the time the judgment is rendered, all parties consent. If party withdraws consent before rendition, a consent judgment would be improper. |
** Confidentiality
ADR statute provides that neither party nor mediator may be compelled to disclose to any other person, including the court, any confidential info given to the mediator by any party unless parties agree otherwise. |
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