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File a motion for mediation. File a proposed order on motion for referral for mediation. Give a copy of the motion and order to the attorney or the other party if not represented. The Court will appoint a mediator, who will contact the attorneys or the parties if not represented to schedule mediation.
Then, if a divorce is still necessary, a decision for a dissolution of the relationship is possible. Mandatory mediation is only necessary in California when there is a dispute over the custody of children. Otherwise, the spouses may use the process to seek a peaceful end to conflict and a compromised solution.
No one can be forced to mediate as it is a voluntary process! Again, however, where parties decline to mediate, the judge will certainly be interested in why the parties have come to this decision.
You don't have to go to mediation, but if you end up having to go to court to sort out your differences, you normally need to prove you've been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you.
If mediation is court mandated and a party breaches their contract, the case is immediately brought to a judge in court who then decides what serious legal action should be taken, such as civil arrest or being held in contempt of court. These types of mediations are always legally binding and therefore very serious.
Can a court order the parties to mediate if they don't want to? At present the position remains that the court cannot compel parties to mediate. However, courts can robustly encourage the use of mediation through the use of cost sanctions.
Generally, mediation clauses are enforceable. However, mediation is essentially a consensual process, and a settlement is unlikely if one party is forced to participate. The mediation clause recognizes that both parties have considered, and are open to, the mediation process.
Mediation is a non-binding process. This means that the parties cannot be forced to accept a resolution, but instead must voluntarily agree to accept any resolution. Once the parties execute an agreed-upon settlement agreement, the terms of the settlement become legally binding.
No, you and your spouse do not each have to hire a lawyer to attend mediation and you do not need lawyers in order to mediate. We recommend that you consult with a family law lawyer prior to a mediation without lawyers so you will know the law relevant to the issues in your case.
The cost of mediation varies from $100 to as much as $250 a session. (Attorneys who are mediators usually charge more than non-attorneys). It usually is requested that both parties contribute to the costs, eliminating any possible feelings that the one who pays may be getting preferred treatment.