2. Mediation: If You Are Ordered to Mediate, Can You Object?
Yes, you can object if you do so within ten days of the time you receive the order referring the case to mediation. If you have a good reason, many courts will allow you to skip mediation. Other courts are inclined to require mediation even if the parties don’t want it. A court has considerable discretion to require a party to participate in mediation.
There is a split of authority on whether the order can include a requirement that the party mediate “in good faith.” All of this is probably academic for parties who are truly not willing to discuss settlement of their cases. The bottom line is that courts don’t have the authority to make someone settle. This, of course, goes back to the old adage about being able to lead a horse to water but not being able to make him drink.
As with most portions of the Family Code, there is a family violence exception. If a court finds that there has been family violence, the court is not allowed to order the parties to mediate. Even if the court rejects an objection to mediation based on family violence, the court is to order that the mediation parties will have no face-to-face contact.
Robin M. Green, Divorce: When It’s the Only Answer (The Ordinary Mortals Guide, Inc., 2005), Chapter 14, pp. 205-206.
Mediation Portal
1. Mediation: Getting the Flavor of Mediation
2. Mediation: If You Are Ordered to Mediate, Can You Object?
3. Mediation: Should All Cases Be Mediated?
4. Mediation: Confidentiality
5. Mediation Essentials — Opportunity to Tell Your Side of the Story
6. Mediation Essentials — Listening Can Pay Big Dividends
7. Mediation Essentials — The Typical Mediation Format
8. Mediation: How Soon Should the Case Be Mediated?
9. Mediation: How Long Will It Take? How Much Will It Cost?
10. Choosing a Mediator — What You’re Looking For
11. Choosing a Mediator — Weeding Out the Clueless
12. Mediation: It Is Not the Place or the Time for Drama or Surprises
13. Mediation: Unintended Consequences — Mediation Sometimes Is Just a Discovery Tool
14. Mediation: The Mediation Process Is Not a Substitute for the Trial Process
15. Mediation: Understanding the Mediator’s Bias
16. Mediation: Can You Mediate without a Mediator?
17. Mediation: Can You Mediate without a Lawyer Present?
18. Mediation: Mediated Settlement Agreements Are for Keeps
19. Mediation: The Dark Side of Mediation