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Agreement to Mediate before Court

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  • Agreement to Mediate before Court

    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?

  • #2
    Most agreements say that. You dont have to go to mediation. You can file a motion. You will simply note the dates you requested mediation and their refusal.

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    • #3
      Originally posted by SurftheWave View Post
      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?
      A court cannot force you to go to mediation even if you have it in an agreement. The only enforceable clause is arbitration. Search this site and google for the case law on that.

      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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      • #4
        A court cannot force you to go to mediation even if you have it in an agreement.
        A brief follow up to this point:
        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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