Mediation - Failure to Attend Mandatory Orientation Sessions

 No FOC evaluation

The FOC will not schedule a party for an appointment with an Evaluator until after that party has attended mediation orientation.

Judge’s Inquiry

It is appropriate for the Judge to inquire whether either or both parties attended the mandatory mediation orientation under the following circumstances:

1. When faced with a request for ex parte relief.
2. When faced with a request for interim relief.
3. At any scheduling or settlement conference.
4. At any motion.

Attendance at the mandatory meeting or failure to attend should not be factors considered at trial.

Comment: The reason for making such an inquiry is to assist the judge in making decisions about the interim arrangements which are needed while the case is prepared for resolution, either by trial and decree, or some form of settlement. Because participation in mediation itself is a voluntary process, history of mediation or non mediation should not be relevant evidence at trial.

Interim Relief

The Judge should not grant interim relief to a moving party who has not attended a mandatory meeting, unless one of the following is true:

1. The best interests of a minor child clearly require the court to act;
2. An emergency exists for reasons independent of the actions of the moving party, and emergency relief is appropriate.
3. The party was not required to attend the mandatory meeting.