Originally from Alternatives to the High Cost of Litigation

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It is problematic when courts order parties to mediate without their consent and make it hard to opt out of mediation.

Ordering parties to mediate without their consent creates two significant problems. First, it increases the amount of time and money that parties must spend on litigation. Litigation generally requires substantial expense and time commitments. Courts should avoid increasing the tangible and intangible costs unless the benefits are likely to outweigh the costs. As a related matter, increasing these costs effectively disadvantages parties that cannot bear these costs as much as their opponents.

Courts should avoid or reduce these problems by offering judicial settlement conferences or mediation without cost. Normally, parties do not pay for settlement conferences, which typically are shorter than mediations. Courts can offer settlement conferences by magistrates or other judges. Courts that employ staff mediators can provide mediation without charge.