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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21 (permalink)  
Old 03-19-2014, 06:48 PM
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My ex's lawyer won't respond to my lawyer so our matters seem be going through the judge at this point. Totally ridiculous. I sure won't pay for this.
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Old 03-20-2014, 07:06 AM
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You can't enforce mediation because it must be consensual and voluntary. Most arbitration is actually combined with mediation whereas you mediate and when you don't come to an agreement on that item it is then arbitrated.
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Old 03-20-2014, 10:52 AM
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Quote:
Originally Posted by FB_ View Post
Writing on all communication asking for Sec 7 the following would probably help. "If I do not hear back from you I will consider you have no objections to the expense" But then they will claim they never got it.
^^^ This.

In almost any request, you make your request and then give them a reasonable amount of time to respond, a week is plenty. You state that if you don't receive their objection within that time frame, you will deem their non-objection as consent and proceed accordingly. Forward the email again a day or so prior to your drop-dead-date, following up on your request.

Also, once their the provided time period has elapsed, and you've incurred the S7 expense, you forward your old emails (original and follow up) with a new email stating that you didn't receive an objection and thus registered the child for the expense. Attach a copy of the invoice/receipt and request their proportional share to be reimbursed.

But if you let them know that keeping quiet won't work, you are more likely to get a response.
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Old 03-20-2014, 01:55 PM
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Quote:
Is there a standard of conduct a Lawyer must uphold with communication?
Yes. A lawyer is obliged to treat a self represented party with the same courtesy and respect that they would treat opposing counsel. Part of that entails responding in a reasonable time frame.

Bear in mind, "reasonable time frame" is subjective. It may be the lawyer must consult their client, await their client's response then reply to a message - introducing significant delay.
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