Some parents are not required to attempt mediation. For example, mediation is not required in cases where there is a history of domestic violence, substance abuse, mental illness, or a significant power imbalance. Every family court office provides premediation screening to determine if these factors might prevent parents from meaningfully participating in mediation. If mediation is appropriate, the family court will designate a person or an agency to conduct the mediation. Parents must pay for mediation at an hourly rate based on their combined annual incomes.
Many mediators volunteer their time to mediate cases for indigent parents.