Is Mediation Mandatory for Contested Divorces after 6 months?

[CollegeDad]

I heard that all contested divorces that are not resolved 6 months after initially being filed are required to enter mediation.  Is this true for the state of Alabama?  Can someone that is currently in the middle of a contested divorce tell me what your experience with this has been?

A divorcing couple that I know here in Madison County have been processing a contested divorce for over a year I believe and they are now trying to have the case continued.  They mutually agree that they would like to continue this case.  But, I was told by an attorney friend of mine that they may not be allowed to continue their case even though they both agree to continue it because the judge may not allow it.  Then I was told that if their case is more than 6 months old they are supposed to be in mediation.  This was not in effect for me over 10 years ago.  This seems to be something new.  How long has this been in effect?  I didn't think that mediation was everybody.  Can one or both parties waive mediation?

[m_t]

I'm thinking no one knows, dude. I know I don't! Sorry....

[Lee Borden]

There's no state requirement like that, but it's entirely possible that a particular judge or a particular court takes that approach. I would go with the local attorney's advice.

I would indeed be surprised if the judge would allow the parties to continue a case that's over a year old without a really good reason. Judges get regular printouts of their caseload stratified by the time the case has been going on, so your friends' case is coming in with a big ugly star by it now on the judge's printout, and the judge wants to get rid of it. Most judges I know would insist that it be set for trial and would be reluctant to permit any more delays. They would be fine with mediation but would not delay the case for it.

I'm not aware of a "waiver" of mediation, but as a practical matter, either party can resolve to make mediation ineffective if he or she chooses to do so. Just reject all offers and keep saying "Let's go see the judge."

[CollegeDad]

What you say makes more sense to me Lee.  I don't believe that my attorney friend has his facts completely straight on that.  I couldn't believe that there would be a state law requiring mediation when mediation is clearly not for everybody. 

What I've seen on continuances is the judge will grant a final continuance on a case that has been going on for a good amount of time and then they'll mark the case "Not for further continuance".  Once the case is marked this way, the only way it will get moved to a later date is if the court does not get to it before the time allotted for the entire docket runs out.  Then the case will be recast into another docket more toward the front of the next docket until the case finally comes up for hearing. 

The way that I understand mediatoin works is either party in a contested divorce may ask for mediation at any point along the way.  No matter who requests mediation, both have to go to it.  But, like you say, if someone is determined to go to court over a matter they can.  Mediation can be defeated by anyone so inclined. 

[H0$$]

I will tell you what happened in my hotly contested divorce that drug out five years.

First let me say this was in Louisiana. Second let me say it wasn't the divorce that was hotly contested but the settlement. After several hearings in the courtroom with much testimony and really getting nowhere....we were way off, not even close to agreeing.....the judge sent it to mediation with the stipulation that whatever the mediator decided she would rule on as her final judgment. Of course both attorneys had to agree, which they did given the fact we were not moving forward in the courtroom. Essentially the judge turned the decision over to the mediator to make. I'm sure she felt the mediator would have and would take more time to look over all of the facts, try to come to some common ground, but eventually come to a conclusion that would warrant the judges signature. And, that's how it was finally settled.