What is Mandatory Mediation?

What is mandatory mediation and how does it affect your court case or litigation? First, keep in mind that mandatory mediation in a court case doesn’t mean that you have to abide by whatever the third party says, it’s not a court. It’s not a judge, not a jury, mediation isn’t a binding requirement for you to say you have to take this opinion. There may be some clauses in some contracts for binding arbitration that would be different, but that’s a pretty rare thing. Mediation is just a third party that is trying to help you and the other party come together for a mutually beneficial resolution, taking the emotions and taking the conflict out of that process. 

So just because it’s called mandatory mediation doesn’t mean it’s mandatory for you to follow the suggestions or requirements of the mediator. It just means that you’re required to engage in mediation. You have to at least try it, at least have to meet with the mediator and see if they can offer you something that might help resolve your case. So that’s the important thing: don’t be afraid or don’t fear the fact that your hands are tied and you have to take whatever resolution is offered by the mediator.

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