ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Mediation and Collaborative Law

Is mediation mandatory in divorce actions?

That depends on the rules of the local court. Many courts require mediation of custody and visitation disputes--the mother and father must talk with a court-appointed mediator to try to resolve the problem before putting their case before a judge. The mediator cannot force a resolution, but the parties can be told to try mediation before coming to court.