What if I want to mediate but the other person says “No”?

Be patient. The timing may not be right. If you are getting a divorce and you initiated it, your spouse might still not be used to the idea and may not be emotionally “there” yet. He or she may not be able or willing to think about it yet, let alone commit to a process meant to bring your divorce one step closer to the end.  Have you heard the expression “It takes two to tango”? It very appropriately applies to the mediation process.  Just because the other person does not want to go to mediation does not necessarily mean that in the future, he or she will feel the same way. That being said, however, in cases involving child custody or visitation, the court may refer the case to mediation, unless the court makes a determination that an “impediment to mediation exists”. 

Carol O'Connor Cadiz
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Attorney & Owner at O'Connor Cadiz Law: Injury & Accidents, Disability Insurance.