Asked by Darshpreet Singh on May 12, 2024

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Sofia tells Gordon that she wants to file a lawsuit against Renata, and then engage in mediation. Gordon tells her that she must mediate before filing a lawsuit. Is Gordon correct?

A) Yes, once a lawsuit is initiated, she cannot engage in mediation.
B) No, many courts have mediation programs.
C) No, every court will mandate mediation after a lawsuit is filed.
D) Yes, it is a waste of money to file a lawsuit before mediation.
E) No, the Federal Arbitration Act mandates that mediation must occur.

Mediation

Mediation is an alternative dispute resolution process involving a neutral third party who helps conflicting parties find a mutually acceptable solution.

Lawsuit

A legal action or proceeding between two parties before a court.

Mediation Programs

Structured processes where a neutral third party assists disputing parties in reaching a mutually acceptable agreement.

  • Discriminate between the forms of Alternative Dispute Resolution, including arbitration, mediation, and negotiation, by analyzing their procedures and outcomes.
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KC
Kristen CampbellMay 13, 2024
Final Answer :
B
Explanation :
CB) Many courts indeed have mediation programs that encourage or require parties to attempt mediation before proceeding to trial. This approach is designed to reduce the court's caseload and encourage a more amicable resolution.C) While not every court mandates mediation after a lawsuit is filed, it is increasingly common for courts to require some form of alternative dispute resolution (ADR), including mediation, as part of the litigation process. This requirement is aimed at facilitating settlements and reducing the time and expense associated with traditional litigation.