Court-Ordered Divorce Mediation

There are two kinds of divorce mediation. Court-ordered and voluntary. Court-ordered mediation occurs once your case has been heard by the court. Court-ordered mediation is generally used to resolve child custody, child visitation and child support cases. It begins when the judge orders it, and it is mandatory. Generally, the court gives the parties a time limit in which to come to an agreement. Every state has different divorce laws so you should check your state laws regarding court-ordered mediation. Voluntary mediation is agreed to by both parties either before, during or after the divorce case goes to court. There is no time limit to work out issues such as child custody, child support, child visitation, spousal support and property division in voluntary mediation.

Mediators

Court-ordered mediators are chosen by the court from a list of court approved mediators. In a voluntary mediation, the parties choose their own mediator. Mediators are generally knowledgeable about the law such as attorneys or they may be social workers or mental health professionals and hold degrees in these areas. Most mediators must take special training and be certified.

Costs

Mediation costs vary. Most mediators charge an hourly fee from $100.00 to $300.00. In court-ordered mediation, the court can waive the costs or order one or both parties to pay the fees. Also, during court-ordered divorce mediation both parties must be represented by their attorneys, and the parties are responsible for paying their attorney’s fees. In a voluntary mediation, the mediation fees may be higher because you can attend as many meetings as are necessary to resolve issues.

Reaching an Agreement

In court-ordered mediation, once you and your spouse reach an agreement, the mediator must prepare a draft of the agreement for you and your spouse and both of your attorneys to review. After the agreement is approved by you and your spouse, it will be submitted to the court. In a voluntary mediation, the parties may have their attorneys negotiate and prepare the agreement. If for some reason you and your spouse cannot come to an agreement after attending court-ordered mediation, the case is returned to the court, and the judge will have to reach a decision for you. The mediator is not allowed by law to reveal anything that was discussed in court-ordered mediation to the judge. After the judge rules or the parties come to an agreement, the agreement becomes effective after the parties sign it and approve it. Once the judge signs your divorce decree, the agreement can be incorporate into the decree.

Does it work?

Mediation works better when the parties are talking to each other and are willing to cooperate. Even if the court orders mediation, it does not guarantee that the parties will be able to come to an agreement. The court may still have to decide for them. Mediation does save time and costs in most divorce cases. It is also frees up the court to hear other cases.

Hire a Divorce Attorney

If you are involved in court-ordered mediation, you should retain the services of a divorce and family law attorney immediately to represent you. The attorney can advise you of your rights and responsibilities, and can assist you with your divorce negotiations, and court ordered mediation.

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