Are there any differences between mediation in the Federal courts and mediation in the State courts?
Yes, there are differences between mediation in Federal and State courts in the District of Columbia. In the Federal system, mediation is a voluntary process in which the parties consent to have an impartial mediator help them to resolve their dispute. The mediator does not impose a decision, but rather guides the parties to reach a mutual agreement. This type of mediation occurs in the U.S. District Court for the District of Columbia. On the other hand, in the State system, mediation can be ordered by the court. This can occur in the District of Columbia Superior Court, the state court of general jurisdiction. In this instance, the parties will be ordered by the court to participate in mediation and the mediator has the authority to impose a decision. Another difference between Federal and State mediation is the types of cases that are eligible for mediation. In the Federal system, most civil cases can be mediated, but in the State system, only family court and tenant-landlord law cases can be mediated. Finally, mediators in the Federal and State systems are also different. In the Federal system, a private mediator is typically selected by the parties or the court. In the State system, the court may assign a qualified mediator from a court-affiliated mediation program. In summary, there are several differences between Federal and State court mediation in the District of Columbia. These include who orders the mediation, what types of cases can be mediated and who appoints the mediator. Therefore, it is important to understand the differences when deciding which court to use for mediation.
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