Can a court order a party to attend mediation?
Yes, a court can order a party to attend mediation in Texas. This is known as mandatory mediation. Mandatory mediation is a type of alternative dispute resolution (ADR) or a non-judicial method of resolving conflict outside of the courtroom. In this process, the court can order the parties to meet with a mediator who will facilitate a discussion and help the parties reach a voluntary settlement. The Texas Civil Practice and Remedies Code § 154.052 states that the court can order the parties to attend mediation if the court finds that the parties have met the criteria for mandatory mediation. Generally, the criteria are that the parties are unable to come to an agreement through alternative forms of negotiations. If the parties fail to attend mediation, the court may impose sanctions, such as a monetary fine or cost order. Mandatory mediation can provide an efficient and cost effective form of resolution for many types of legal disputes. It is often a great option for parties in a dispute because it is a less formal process as compared to court proceedings, so the parties have more control over the outcome of the dispute. It is important to seek the advice of an attorney if you are subject to mandatory mediation in Texas so that you can protect your rights and interests in the process.
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