If you want to sort things out by hiring a mediator, does that mean you cannot start a court proceed

If you want to sort things out by hiring a mediator, does that mean you cannot start a court proceeding and go to court?

  1. Correct – you must choose between mediation and Court and once you choose mediation that is the end of choices

  2. Incorrect – you could start mediation and have court proceedings going on at the same time

Even when there is a Court proceeding, the parties can decide to resolve the issues through mediation. If an agreement is reached between the parties in mediation to resolve the issues, the parties can choose to obtain a Court order in terms of the agreement between the parties. If the mediation fails, the parties can continue to proceed with the Court proceeding to resolve the issues. Going to mediation is not the end of choice for the parties.

#mediation #courtproceeding #familylaw

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