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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 01-31-2013, 12:17 AM
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Default Refusing Mediation

Settlement conference judge said we have to do mediation before our next SC. If mediation didn't work, ex could bring a motion for support. The judge also advised how support should be paid...I offered but ex refused.

Ex never applied for mediation so I did it instead. However before it could start, ex brought a motion.

Motion judge said we were supposed to do mediation first, so he moved the motion date out a week to give us time to get mediation started. Ex didn't do anything again, so I called and pushed to get mediation asap.

I let my ex know that our intake appointments will be this week and the group meeting will be next week. She then sent me some disclosure requests that have nothing to do with financials, plus its information she has already been provided. I informed her of this, and she now says that mediation won't work and she wants a motion judge to decide.

Can she refuse mediation without trying.. when both sc and motion judges said we have to go.

What should I say to the motion judge tomorrow.
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Old 01-31-2013, 12:43 AM
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Explain that whilst you respect the mother's decision to settle matters via a motion hearing, you would like to try and get as many of the issues off the table so to speak via mediation.

Then speak about how mediation was recommended not by one but by two Judges previously. That you have made every effort to facilitate this in setting it up and really think it should be something that you both should at least try.

Request that the Judge adjourn her motion to a later date to address issues that you have not been able to settle outside of court.

If it is a motion hearing I am assuming you have been served and seen her materials? If yes, you should be prepared to speak on the issue/issues for at least 20 minutes just in case it goes ahead.

Upon reading your post again, I am left somewhat confused. Is the motion Judge going to decide on whether you should move ahead with mediation? OR is this an issue that will be argued in addition to others?

Last edited by Nadia; 01-31-2013 at 12:47 AM.
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Old 03-09-2013, 10:39 AM
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Mediation is a voluntary act. It seems weird that a judge would order that. Seems like tour and your ex are high conflict and mediation does not seem to be the solution. I still don't understand why a voluntary act was ordered ?
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