Court Ordered Mediation
I got a call this morning from a Rochester mediation client. Minnesota mediation clients often call me with questions. A common question is this: “My mediation is court ordered; What do I do?” I’m happy to answer this question, but first I want to explain a bit about court ordered mediations.
A court ordered mediation is an order to try to settle your dispute before you try court. If a judge orders you to do something, it is important that you do it, because the judge has the power to make your life much more difficult than most people realize. If you ignore a court order, you can be fined or in extreme cases a warrant can even be issued for your arrest. Now these things don’t happen very often, because judges want to settle disputes, not delay them by jail time. What is more important is that a judge helps you settle your case, and you want the judge to think you are cooperative.
Occasionally a mediation client asks me to set up a time for a court ordered mediation with their ex, and their ex refuses. When that happens I am often asked to write a letter stating that I tried to set up a mediation, that one party was cooperative, but the other party wasn’t willing. I would not want to be the uncooperative party when they get back to court. The first question the judge will say is “Why didn’t you try mediation?” and you’d better have a good answer. The cooperative party can say “I tried, Your Honor.” but the other person is confronted by a judge who may believe they are uncooperative. Is a judge likely to accept their excuses? Is a judge who thinks you are uncooperative likely to rule in your favor and do what you want? Probably not.
Judges don’t like to try family cases in court. Judges want you to figure things out on your own because judges almost never win when they rule in a family case. one party, and often both parties, are unhappy. If you’re not happy with a decision then it’s back to court again and again.
In mediation YOU can figure out what’s best. The judge doesn’t love your kids, but you do. The judge doesn’t know your kids, may never meet your kids, but you do. Going to court just makes things harder. After all the nasty things that are said in court it is hard to co-parent, and you will be co-parents forever, until your kids are 18 and even after your children turn 18. when mediation is court ordered, do it. Even if mediation is not court ordered, give mediation a chance before you go to court, before you even hire attorneys. With your family mediation, you can save thousands in attorneys’ fees.
Minneapolis mediation divorce clients, St. Paul divorce mediation clients, greater Minnesota divorce mediation clients: Give mediation a chance, whether court ordered mediation or before that. You can save thousands of dollars, get a great agreement. you’ll be glad you did.