My agreement says that both parties agree to mediate before taking any issue to court. If the Ex refuses to mediate do I have to file a court Application Form 8 or can I file a motion with my agreement to have an order issued to force the Ex to follow the agreement clause and attend mediation?
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Originally posted by SurftheWave View PostMy agreement says that both parties agree to mediate before taking any issue to court. If the Ex refuses to mediate do I have to file a court Application Form 8 or can I file a motion with my agreement to have an order issued to force the Ex to follow the agreement clause and attend mediation?
It all depends on the state of your matter. If it is marked FINAL then you need to start a whole new application. If not and it is not an old file you can bring a motion. If you have never been to a case conference then you have to do that first.
Not enough detail to answer the question properly.
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A court cannot force you to go to mediation even if you have it in an agreement.
Why would you want to force them to go? Everyone shows up, they sit down, sign a non-disclosure agreement for a without-prejudice mediation, and then immediately walk out. Mediation has been attended. It was not successful.
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