This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
The ES1 asks whether you are willing to consider ADR. Mediation and other forms of ADR have a cost — but so does a contested final hearing, and significantly more so.
Courts expect parties to have considered alternatives before a final hearing. Saying No to ADR on your ES1 without good reason can reflect badly on you and carry costs consequences at the end of the case. Saying yes doesn't mean you agree with the other side — it means you're open to exploring it.
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The Gap?
"I'm just going to let the court decide — I don't need mediation."
Court Reality
Courts expect parties to have considered alternatives before a final hearing. Saying No to ADR on your ES1 without good reason can reflect badly on you and carry costs consequences at the end of the case. Saying yes doesn't mean you agree with the other side — it means you're open to exploring it.
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