Why would a court order mediation?

Mediation is less formal than a trial, and it is often easier to set a date for a mediation session than a divorce proceeding. Mediation is less costly than divorce litigation, and many participants believe that it is less taxing on everyone, especially the emotions of any child involved.

A non-adversarial approach to resolving any divorce related issues is much preferred by any court. The judge realizes that you and your spouse understand your own situation much better than any court would on any given day, so it is often their wishes that the parties can resolve disputes themselves.

If a judge believes that certain disputes in the divorce case before him can be resolved outside of the court, he will usually take the option of recommending or requiring mediation.