Court-ordered mediation is mandated by the courts, while private mediation is voluntary and more flexible

Court-ordered mediation is a mandatory process directed by the legal system, typically for resolving divorce and custody disputes. The court assigns both the mediator and scheduling, with attendance being compulsory under threat of contempt charges. Following the sessions, the court-appointed mediator submits a formal report to the presiding judge for consideration in their ruling.

Private mediation offers more control and flexibility to the participating parties. This voluntary process requires mutual agreement from both spouses on participation and mediator selection. The key features include:

  • Flexible scheduling and pacing of sessions
  • Choice of qualified mediator
  • Various payment options (hourly or per session)
  • Comprehensive coverage of divorce-related issues including:
    • Child custody arrangements
    • Parenting time and visitation
    • Support payments
    • Division of assets and property

Both types maintain strict confidentiality, though private mediation discussions cannot be used in subsequent court proceedings should mediation prove unsuccessful. The private approach typically offers a more collaborative environment for reaching mutually beneficial solutions.