Is there a difference between private and court-ordered mediation?
Yes, there is a difference between private and court-ordered mediation in Arizona. Private mediation is a confidential process conducted between two or more parties who voluntarily seek to resolve a dispute without taking it to court. Court-ordered mediation is a process that is initiated by a court or other legal body to resolve a dispute between two or more parties. Private mediation is voluntary and is entered into without the involvement of the court. It is commonly used in cases involving divorce, contract disputes, and other matters which can be negotiated between the parties without the need for a court decision. The process is confidential and the mediator acts as a neutral third-party who facilitates a discussion between the parties to come to a mutually agreeable resolution. Court-ordered mediation is initiated by a court or other legal body. It is commonly used in criminal cases, civil cases, and other matters when the court is required to rule on a dispute. The mediator in court-ordered mediation acts as a facilitator to try and help the two or more parties come to a mutually acceptable resolution, however, the court will ultimately decide any unresolved issues. Both private and court-ordered mediation in Arizona can provide the parties with a faster and less costly resolution of their dispute when compared to a trial. However, the process and outcome in private mediation is entirely up to the parties, while in court-ordered mediation, the court retains the right to impose a final decision.
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