Onward Intel: State-Specific Mediation Rules
Some states require mediation for certain aspects of divorce, particularly when it comes to child custody and parenting disputes. The requirement varies by state and can depend on factors like the complexity of the case, whether there are minor children involved, and the level of conflict between spouses.
States That Commonly Require Mediation
Many states mandate court-ordered mediation before a judge will hear a dispute regarding child custody, visitation, or parenting plans. Some of these states include:
- California – Mandatory mediation for child custody and visitation disputes.
- Florida – Required for contested divorces involving custody and financial issues.
- Illinois – Mandatory mediation for contested custody and parenting time cases.
- Texas – Some counties require mediation for child-related disputes before going to court.
- New York – Encouraged but not always required; some counties mandate it.
- Michigan – Courts often require mediation before a contested custody hearing.
What Issues Are Typically Mediated?
- Child custody and parenting time: this is the most common mandated area
- Child support arrangements: sometimes required
- Property and asset division: state dependent
- Spousal support/alimony: some states encourage but don’t require
Exceptions to Mediation Requirements
Most states make exceptions in cases where mediation is not appropriate, such as:
- Domestic violence or abuse cases where mediation could put a spouse at risk.
- Extreme high-conflict divorces where mediation is unlikely to be productive.
- Cases involving urgent legal matters like restraining orders or immediate child welfare concerns.
Voluntary vs. Mandatory Mediation
Even in states where mediation isn’t required, courts often encourage it to reduce case backlogs, lower costs for both parties, and promote amicable resolutions. Many couples also voluntarily choose mediation to retain more control over their divorce terms and avoid lengthy court battles.
If you’re unsure whether mediation is required in your state, check with a family law attorney or local court rules to understand the specific regulations that apply to your case.