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  1. #1
    Join Date
    Jul 2018
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    11

    Default How Do Civil Trials Differ from Mediation

    I have a mediation scheduled pretty soon, and I'm not sure if I'm understanding this all correctly... And I've been reading up on how to write an appropriate sort of opening statement, because "you twatwaffle!!!" isn't really appropriate in any court room for any reason. So, now I have my snazzy, positively toned statement. Annnd now what?

    Do I write a more a more heavily, accusatory statement? Preparing 3 or 4 Reid style questions. Do I just drag all my papers down to the courthouse to file for a civil trial?

    Thanks in advance.

    P.S. this is all happening in a small town in rural Ohio. Civil trials happen within just a few days of failed mediation.

  2. #2
    Join Date
    Jul 2018
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    2,745

    Default Re: How Do Civil Trials Differ from Mediation

    A trial is a proceeding whereby the parties present evidence to a judge and/or jury in order to prove whatever allegations they've made in their pleadings. Since the plaintiff has the burden of proof, the plaintiff will go first. The defendant will have opportunities to cross-examine the plaintiff's witnesses and to put on his/her/its own witnesses. The plaintiff will get a final chance to put on rebuttal witnesses. Obviously, it can get much more complicated if there are multiple parties, counterclaims, etc.

    A mediation is an attempt to settle a case. The mediator will shuttle back and forth between the parties in an effort to get the parties to a middle ground. Sometimes, mediations will start with a joint session, where both sides make "opening statements" to the mediator and the other side. In most mediations I've attended, the joint session is not used because the parties are generally well-versed in each other's positions. More often than not, the parties will submit briefs to the mediator ahead of time to explain the case and their respective positions. Sometimes, the parties will exchange mediation briefs.

    I'm not sure if that answers your question (and I have no idea what your reference to "Reid style questions" means). If not, please clarify what you're asking.

  3. #3
    Join Date
    Jul 2018
    Posts
    11

    Default Re: How Do Civil Trials Differ from Mediation

    Quote Quoting pg1067
    View Post
    A trial is a proceeding whereby the parties present evidence to a judge and/or jury in order to prove whatever allegations they've made in their pleadings. Since the plaintiff has the burden of proof, the plaintiff will go first. The defendant will have opportunities to cross-examine the plaintiff's witnesses and to put on his/her/its own witnesses. The plaintiff will get a final chance to put on rebuttal witnesses. Obviously, it can get much more complicated if there are multiple parties, counterclaims, etc.

    A mediation is an attempt to settle a case. The mediator will shuttle back and forth between the parties in an effort to get the parties to a middle ground. Sometimes, mediations will start with a joint session, where both sides make "opening statements" to the mediator and the other side. In most mediations I've attended, the joint session is not used because the parties are generally well-versed in each other's positions. More often than not, the parties will submit briefs to the mediator ahead of time to explain the case and their respective positions. Sometimes, the parties will exchange mediation briefs.

    I'm not sure if that answers your question (and I have no idea what your reference to "Reid style questions" means). If not, please clarify what you're asking.
    Oh my goodness, this is exactly what I wanted.

    "What stipulations concerning health are in the contract we negotiated and signed?"

    *Hint: we didn't negotiate a contract.

    "How many times did D. O. G. have a yearly exam, before selling her to me?"

    *Hint: she was 3 years old before ever being seen by a veterinarian, and that was only because she was deathly ill

    I'm probably getting the style of questions wrong, I still think they are reasonably adequate questions.

    https://en.m.wikipedia.org/wiki/Reid_technique

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: How Do Civil Trials Differ from Mediation

    Quote Quoting Cow Dog
    View Post
    Oh my goodness, this is exactly what I wanted.

    "What stipulations concerning health are in the contract we negotiated and signed?" None we didn't have a contract.

    *Hint: we didn't negotiate a contract.

    "How many times did D. O. G. have a yearly exam, before selling her to me?" None until she got sick.

    *Hint: she was 3 years old before ever being seen by a veterinarian, and that was only because she was deathly ill

    Now what is that going to get you?

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How Do Civil Trials Differ from Mediation

    Quote Quoting Cow Dog
    View Post
    I have a mediation scheduled pretty soon, and I'm not sure if I'm understanding this all correctly... And I've been reading up on how to write an appropriate sort of opening statement, because "you twatwaffle!!!" isn't really appropriate in any court room for any reason. So, now I have my snazzy, positively toned statement. Annnd now what?

    Do I write a more a more heavily, accusatory statement? Preparing 3 or 4 Reid style questions. Do I just drag all my papers down to the courthouse to file for a civil trial?

    Thanks in advance.

    P.S. this is all happening in a small town in rural Ohio. Civil trials happen within just a few days of failed mediation.
    Mediation is where you and the other party sit down, in a somewhat informal setting, and with the help of a mediator, try to come to an agreement to settle your case. It is not a trial or a hearing and the mediator will guide you in the process. Just make sure that you have all of your information with you.

    Hearings and Trials are more formal and follow more formal procedures.

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