Can the court order the parties to attend mediation?
While the court may not order the parties to settle or resolve their controversies, it may compel them to attend alternate dispute resolution proceedings such as mediation. Most district courts issue a scheduling order which requires that the parties attend mediation. The mediator cannot force or require the parties to settle. If the case is not resolved at mediation, all the mediator can do is advise the court that the case did not settle.
Choosing the Right Mediator and Family Law Attorney
Choosing the right mediator is as important as choosing the right family law attorney. Most family law attorneys will have experience working with different mediators. Your family lawyer will be able to give good advice in this regard. The mediator should have no other agenda than to see the divorce to a swift, satisfactory conclusion. Not all divorce mediators are equal in this regard. Divorce mediation is a highly specialized skill. Divorce mediators are dealing with people at a time when their emotions are highly strained and they may have to approach some difficult topics. If you are concerned about your choice of mediator, discuss it with your family attorney and they will help you to make an informed decision.
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Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
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Can the court order the parties to attend mediation?