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Courts shall not, however, follow any blanket policy or practice of referring all cases, or any particular type of case, to mediation, nor any blanket policy or practice requiring completion of mediation as a pre-condition to assigning a trial date.

Duty of the Court Section 9 of the Family Court Act, makes is it mandatory to settle a matrimonial dispute in relation to maintenance, child custody, divorces, etc., through the process of mediation. It also states to refer the parties to visit a mediation center with their consent.

ISSUES WITH COMPULSORY MEDIATION. The move towards mandatory mediation has been leveled against considerable criticism. Mediation, by its very virtue is a voluntary process. Mandatory mediation interferes with the parties' autonomy and voluntariness, compromising the mediation process itself.

The new rules, which took effect on Feb. 1, 2022, give courts the authority to refer all or part of a civil case to mediation and to appoint a mediator ? a neutral third party who helps settle some or all of the contested issues.

While courts can mandate that certain cases go to mediation, the process remains "voluntary" in that the parties are not required to come to agreement. The mediator does not have the power to make a decision for the parties, but can help the parties find a resolution that is mutually acceptable.

Mediation is a process whereby two or more people involved in a conflict voluntarily sit down together with a mediator who will assist them in working out a solution to their dispute. WHAT CAN BE MEDIATED? * Neighborhood disputes ? noise, parking, animals, property lines, etc.