Does my fiance have the right to ask for a different mediator?

Asked over 3 years ago - Minneapolis, MN

My fiance has gone through the medation process more then once and innitially said she did not want the same mediator can she request this or will the courts ask her to keep returning? What if she can not afford more mediation?>\

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    5

    Answered . If it is court ordered mediation then you may have to consider using the same one unless you have a good reason. If it is voluntary then you have discretion. good luck.

  2. Eric Carlisle Nelson

    Pro

    Contributor Level 14

    Answered . If the mediator is court-provided, she could ask for a different one, but there's no guarantee the court would grant her request. However, mediation is a non-binding process. Even if she's unhappy with the mediator, she is not obligated to agree to anything in mediation.

  3. Brian Elliott Arnold

    Pro

    Contributor Level 14

    Answered . If the court required a certain mediator then no, if not she probably can ask for any mediator she wants but you will both have to agree on one.

    Arnold & Wadsworth
    http://www.awdivorceutah.com

  4. Rachel Aliza Elovitz

    Contributor Level 15

    Answered . Mediation may be court-ordered, but often the parties are required in the Order to contact a court-annexed mediation program, at which point they are either assigned a mediator from a list of neutrals or assigned a mediator that they jointly request. If there is some impediment to neutrality (i.e. if the mediator and one of the parties are related, former roomates, friends - or if the mediator has lost or given the appearance that he or she is no longer neutral by, for example, saying something that would suggest a bias in favor of one of the parties during a former mediation) then he or she should not be assigned to the case - and if already assigned, it would be appropriate for a party to request that the program director or coordinator assign a different mediator.

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