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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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Old 10-18-2013, 12:53 PM
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Default Quick Mediation Question

My ex is deciding to go to a mediator now almost 2 years after we signed our separation on the basis of disagreeing about a portion of it. While it has no merit, I'm sure she'll want to open the floodgates about other things.

My question is, when we "mediate", do I hold her accountable to just dealing with that one item or allow her to open "pandora's box" to everything else? I am only going to mediation as this is apart of the agreement that we "mediate" first. If anything, this will only solidify, God forbid, if we had to go to court and show how unreasonable and out of hand she is.

I'd love some guidance from anyone who has experience in mediation. Thanks!
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Old 10-18-2013, 01:19 PM
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When you retain the mediator, the contract must define the scope of the mediation - what is included (e.g. implementation of all aspects of existing court order) and what is excluded (e.g. long-term or major changes to parenting schedule or CS). Costs should also be addressed (e.g. mediator has final say on apportioning mediation costs when issue is closed, based on reasonableness of the parties' behaviours)
The contract should also indicate if it is open or closed mediation- your order might already indicate this. Closed mediation proceedings cannot be brought to court.
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Old 10-18-2013, 01:47 PM
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Thanks for that. The mediation is through a court clinic and would be closed and each party is provided a memorandum of understanding that can be used in court. Notes of the mediator are not available. As you stated, I can choose what to mediate and what not to. To be honest, this whole thing is ridiculous anyways.
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