Should the U.S. legal system require people to mediate before being allowed to be heard in a court? Laws concerning this matter vary by state.

For example, in Florida judges are required to refer most family disputes to mediation and are encouraged to assign civil cases. Settlement rates are over two-thirds for family cases and over half for civil cases. In the State of New York, judges have discretion, but may refer commercial, matrimonial, tort, and estates cases to mediation. In 2023, more than 12,000 cases were accredited to Community Dispute Resolution centers.

The advantages have been documented. Back in 2014 a European study found the average civil case took over 500 days and cost over $12,000, while the average mediated case took about 43 days and cost approximately $2,882.

The issue is a misunderstanding of mediation and mandate. Mediation participants must have self-determination, which includes the right to withdraw from the mediation. Generally, judges have the authority to mandate that parties go to mediation, but cannot mandate they settle during the sessions. Years of experience has shown, given the opportunity, many will settle in mediation. But even if they don’t, typically they leave with a clearer understanding of the issues from each other’s perspective.

Mediation should be mandated and people should be better educated as to how this option can help increase a successful outcome.

Consider the case of divorced parents sharing joint custody of a child entering school for the first time.

One parent accepts medical consensus supporting vaccine safety and believes they’re necessary for the child’s safety in school. The other parent distrusts pharmaceutical companies and is worried about vaccination side effects. Both parents are genuinely concerned about their child’s health, but have contradictory views.

Cases such as this are going to litigation and while state laws vary, generally courts have given priority to public health over personal beliefs.

In mediation, parents have the opportunity to share their concerns, affirm their shared objectives, review a variety of sources of medical information, consider alternative schools and modified vaccination schedules, and reaffirm a shared commitment to their child.