If the court orders mediation but one party refuses to go, can the court order them in spite of their objections?
If a party objects to mediation, they must file a written objection within ten days of receiving notice from the court. Upon hearing, if the court determines that there is a reasonable basis for the objection, it may not order the party to mediation. The court may not force a party to mediation without giving them the ten day period in which to file written objections. Where a party does not file written objections but refuses to mediate in good faith, the court may assess costs against the recalcitrant party.
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Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757
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If a party objects to mediation, they must file a written objection within ten days of receiving notice from the court. Upon hearing, if the court determines that there is a reasonable basis for the objection, it may not order the party to mediation. The court may not force a party to mediation without giving them the ten day period in which to file written objections. Where a party does not file written objections but refuses to mediate in good faith, the court may assess costs against the recalcitrant party.