Court Ordered Mediation

Court Ordered Mediation

Posted in the Jonesboro Forum

Guest

Jonesboro, AR

#1 Mar 6, 2011
For the past two years my ex and I have been in and out of court fighting over our children. About a month ago trouble started again and we are headed to court, instead of a court date we were ordered to go to "mediation". I was told by my attorney that the JB family courts are overloaded and backed up and this new mandatory mediation was an attempt to relieve that problem. So my question is what does this process involve and who pays for it? Why would two people who can not agree on anything be forced into mediation?
knows

Denver, CO

#2 Mar 7, 2011
I too am going through this. We have been ordered to mediation and I am in Greene County. What that means is you, your attorney, him and his attorney and a court reporter have to sit down together in an attempt to come to an agreement. Mediation cost 1000 dollars and it will be split between the 2 parties. If u still can't come to an agreement then you will continue to court.
Correction

Jonesboro, AR

#3 Mar 7, 2011
Mediation is process whereby an unbiased decision-maker helps the two parties reach an agreement. All of the mediation proceedings are confidential & cannot be used in court. There is no court reporter present. There is a mediator, the two parties & their attorneys. The costs are split between the two parties. Most mediators charge an hourly rate, usually between $125-175 dollars.

The purpose of mediation is so that the two parties can control what happens in their case & not a judge. It can be a good thing if both parties can act like adults & have realistic expectations. If the mediation is unsuccessful, then you will get a court date. Court-ordered mediation is becoming quite common for family law matters.
Guest

Dallas, TX

#4 Mar 7, 2011
Correction wrote:
Mediation is process whereby an unbiased decision-maker helps the two parties reach an agreement. All of the mediation proceedings are confidential & cannot be used in court. There is no court reporter present. There is a mediator, the two parties & their attorneys. The costs are split between the two parties. Most mediators charge an hourly rate, usually between $125-175 dollars.

The purpose of mediation is so that the two parties can control what happens in their case & not a judge. It can be a good thing if both parties can act like adults & have realistic expectations. If the mediation is unsuccessful, then you will get a court date. Court-ordered mediation is becoming quite common for family law matters.
How often is it successful, do you know the stats? My lawyer charges two hundred an hour plus the mediator charges 125 to 175, how can the court force this if one or both of the parties can not afford it? I understand the courts need relief from the back log of family court cases but forcing two people who have a long history of not being able to agree to try and come to an agreement seems like a waste of time and resources to me. I'm sure the lawyers love it though.
Correction

Jonesboro, AR

#5 Mar 8, 2011
I do not know the stats of how effective court-ordered mediation is in our area. Is your judge Honeycutt? If you feel comfortable enough to face your ex-spouse on your own & can speak for yourself, you may want to ask that the attorneys do not attend the mediation and you and you're ex-spouse just go. That would at least save you the expense of attorney's fees. You would of course need to talk with your attorney about it & then have him/her rely that to the other attorney. Good luck
Guest

Jonesboro, AR

#6 Mar 8, 2011
Correction wrote:
I do not know the stats of how effective court-ordered mediation is in our area. Is your judge Honeycutt? If you feel comfortable enough to face your ex-spouse on your own & can speak for yourself, you may want to ask that the attorneys do not attend the mediation and you and you're ex-spouse just go. That would at least save you the expense of attorney's fees. You would of course need to talk with your attorney about it & then have him/her rely that to the other attorney. Good luck
Thank you
Been there

United States

#7 Mar 10, 2011
It's a waste of time and money if the parties involve hate each other and can not agree but if it is court ordered you have to do before you can be assigned a court date.
chuck

Columbia, SC

#8 May 23, 2011
Judge ordered mediation, both parties declined, judge again ordered it,(nothing in writing, just told lawyers) and now says "State will pick up costs, again NOT in writing, What is deal here, NEVER heard that "State will pick up costs in child custody or family stuff for mediation. The judge in case is rather weird anyway, me thinks this is a set up deal and party will pay. But whole case is bizarre.
another victim

Jackson, MS

#9 Oct 26, 2011
Mediation only works if both parties are willing to put forth an effort to settle an ongoing problem if you could do this the ex probally wouldn't be an ex and you definately would not need a mediator.. so think about it for just a minute a mediator ordered by the court gets paid by who? not the court that is for sure. it is another way to suck the money for peoples wallet and feed the greed that controls our legal system.
FYI

Little Rock, AR

#10 Jan 30, 2014
My son just went through this. He also thought his situation would never work out and they would end up in court. The attorneys got a reduced rate because of their age and neither of them came for the mediation. To his surprise, things were wrapped up to both parties agreement in just a few hours. The mediator was a retired judge and kept them on target on just dealing with facts, no feelings involved. To his surpise, his attorney received a complimentary letter from the mediator stating how nice it was to work with two people whose focus was solely on their daughter.

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