Categorically, the nature of the issues will not exclude a case from mediation. The mediator is selected randomly from a list unless the attorneys agree on who should be appointed. Fees for mediation are generally allocated one-half to each party unless one party has failed to appear for a scheduled mediation in which case the entire fee is charged to that party. If there is a problem with payment of mediation fees, Judge Miller requests that the attorneys contact the mediator in an attempt to resolve it. Mediation will be ordered through DMS if it is impossible for the parties to pay the mediator's fee.
Mediation is ordered in all cases.
If the parties are unable to agree on a mediator, the Court will appoint one. All contested custody cases requiring more than 1 day of trial time are ordered to mediation. Judge Green does not categorically exempt cases from mediation because of the nature of the issues. She will not refer single issue, non-custody cases to mediation unless the attorneys agree, because of the costs. The Associate Judge refers cases to mediation after the initial hearing when custody or visitation is in issue, and in other cases as deemed appropriate.