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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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  #1  
Old 12-22-2021, 05:51 PM
vw_michael vw_michael is offline
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Default Steps for refusing to mediate/arbitrate

Hello, I have the following situation:

- Divorced a few years ago with divorce order in place
- Order specifies med-arb resolution (primary and secondary arbitration), but no agreement with mediator/arbitrator has been signed
- Issue has come up regarding discrepancy in support in the last few years resulting in overpayment
- The other party was notified of my intend to mediate to apply the overpayment to future support/s7 and has co-chosen mediator/arbitrator with me
- They, however, refuse to sign the agreement with the med-arb. I take it the onus is on me to move things further in this case.

What are my next steps? I gather a court motion is in order (15 motion to change, 14a affidavit, financial statement?).

- Can I ask for the med-arb clause from the divorce order to be stricken due to non-compliance by the other party? What is the chance it will be granted?
- Can I simultaneously ask to proceed with the issues in court, or would that require another motion?
- Will this be sent back to mediation/arbitration? I can't see how the court can make the other party agree to sign the agreement with the mediator/arbitrator.
- Or should I pursue any other ways?

Much obliged.
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  #2  
Old 12-22-2021, 09:06 PM
Stillbreathing Stillbreathing is offline
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The court can strongly advise the other party to sign a med/arb agreement but cannot force them to sign it. If they continue to refuse to sign you will need to deal with your issues in court instead
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  #3  
Old 12-24-2021, 12:37 PM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by vw_michael View Post
- The other party was notified of my intend to mediate to apply the overpayment to future support/s7 and has co-chosen mediator/arbitrator with me
- They, however, refuse to sign the agreement with the med-arb. I take it the onus is on me to move things further in this case.
Something is scaring the other party off from arbitration, some of those agreements are total b*llshit; some state there will be no record of the proceedings etc. usually that is so some incompetent can do what they like without repercussions.

Get them to agree to mediation, basically a legal consult that will give a legal opinion.

Why doesn't the other party want to sign?
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  #4  
Old 01-02-2022, 03:04 PM
vw_michael vw_michael is offline
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They will likely loose and have to pay. They may also be counting on the fact that the issue will become too old.
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  #5  
Old 01-04-2022, 12:34 PM
pinkHouses pinkHouses is offline
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They can lose and pay if you file a motion so I don't see the advantage there unless it is too petty a thing to take to court.
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  #6  
Old 01-04-2022, 12:43 PM
rockscan rockscan is offline
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Quote:
Originally Posted by pinkHouses View Post
They can lose and pay if you file a motion so I don't see the advantage there unless it is too petty a thing to take to court.

Costs are not guaranteed. If they refuse to mediate and you want to keep it moving you file a motion.

My husbands ex bitched to the judge about him refusing to mediate and the judge pointed out that mediation wouldnt have worked due to her unilateral decisions and refusal to budge from her position.
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  #7  
Old 01-19-2022, 05:36 PM
vw_michael vw_michael is offline
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Quote:
Originally Posted by pinkHouses View Post
Something is scaring the other party off from arbitration, some of those agreements are total b*llshit; some state there will be no record of the proceedings etc. usually that is so some incompetent can do what they like without repercussions.

Get them to agree to mediation, basically a legal consult that will give a legal opinion.

Why doesn't the other party want to sign?
I cant make them to agree so far. What do you mean "a legal consult"?

The matter here is a five figure dollar amount in my favour which I would like to be used towards future S7 - sorry I should have been clearer about that.
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  #8  
Old 01-19-2022, 05:38 PM
vw_michael vw_michael is offline
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Quote:
Originally Posted by rockscan View Post
Costs are not guaranteed. If they refuse to mediate and you want to keep it moving you file a motion.

My husbands ex bitched to the judge about him refusing to mediate and the judge pointed out that mediation wouldn�t have worked due to her unilateral decisions and refusal to budge from her position.
I should have been clearer - the issue is not the costs, it is an overpayment of support which I would like to use to offset S7. But I am not sure what I ask for, other than permission to pursue this issue in court and not via mediation/arbitration (as I cannot force them agree to that).
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  #9  
Old 01-19-2022, 08:37 PM
rockscan rockscan is offline
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Quote:
Originally Posted by vw_michael View Post
I should have been clearer - the issue is not the costs, it is an overpayment of support which I would like to use to offset S7. But I am not sure what I ask for, other than permission to pursue this issue in court and not via mediation/arbitration (as I cannot force them agree to that).

My post was in response to the posts about how you would get costs. Its not guaranteed.

What you ask for is that your overpayment be applied to future section 7 expenses that are agreed to in writing before being incurred.
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  #10  
Old 01-20-2022, 10:35 AM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by pinkHouses View Post
Get them to agree to mediation, basically a legal consult that will give a legal opinion.
Quote:
Originally Posted by vw_michael View Post
I cant make them to agree so far. What do you mean "a legal consult"?
Binding arbitration is legally binding.
Mediation isn't binding you could sink a lot of money in and end up only with the mediators legal opinion of what should happen.
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