Are there times that a South Dakota court cannot require mediation?

Yes. A court cannot require mediation if: (1) one of the parents has been convicted of domestic abuse; or (2) one of the parents has been convicted of assault against a person as defined in subdivision 25-10-1(2), except against any person related by consanguinity, but not living in the same household; or (3) one of the parents has a history of domestic abuse; or (4) mediation is not readily available or the court determines that mediation is not appropriate based on the facts of the case.

Brooke Swier Schloss
Estate Planning & Family Law Attorney