Can a court order a party to attend mediation?

In Arizona, a court is able to order a party to attend mediation. Mediation is a form of alternative dispute resolution which allows two or more parties to a dispute to attempt to resolve the dispute by communicating with each other in a respectful and open manner. In order to order a party to attend mediation, a judge must determine that mediation is a suitable solution for the dispute. If the judge believes that attempting to resolve the dispute through mediation could be beneficial, the judge has the authority to order one or both parties to attend mediation sessions. As part of the mediation process, the parties and the mediator will agree to a legally binding agreement. This agreement will be part of the court order and the parties will be obligated to comply with the terms of the agreement. The agreement may outline what each party must do to resolve the dispute, as well as how much each party is obligated to pay for the mediation sessions. Mediation can often be a more cost-effective and less time-consuming way of resolving disputes. If it is determined that mediation is an appropriate option for resolving the dispute, an Arizona court may decide to issue an order requiring the parties to attend the mediation sessions. If the parties fail to attend the sessions as ordered, they could face legal consequences.

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