As part of divorce settlement I agreed to resolve future disputes thru mediation and then arbitration.

Asked almost 3 years ago - Freehold, NJ

I signed this 3 1/2 yrs ago not realizing how impossible my ex was going to make life for me.He wont even communicate with me so how can I expect fair mediation.He has called me names, talked bad about me & my boyfriend, written nasty emails (I have a very detailed history) & refuses to discuss anything with me regarding out child. Is there anyway I can avoid wasting $ on mediation & file a lawsuit without having to pay his attorney fees? Also since I know mediation is a complete waste of effort can I go to mediation pro se and save my money for the court case that I know will be following?

Attorney answers (4)

  1. David Perry Davis

    Contributor Level 17

    1

    Lawyer agrees

    1

    Answered . You've got to try mediation first. File a motion compelling him to attend and then scheduling a court hearing should the issue(s) not be resolved there.

    You can certainly attend mediation pro se. It's confidential - the mediator might surprise you and get the issue resolved. I would want an agreement at the beginning that, if mediation doesn't resolve it, you'll use a different person as the arbitrator.

    Depending on how serious the issues are, you might want to retain counsel for arbitration if mediation doesn't resolve it. The arbitration decision generally has the same weight as a court order.

    The above is said without seeing your case file and without my understanding the entirety of the facts of your... more
  2. Mary Tom

    Contributor Level 14

    Answered . If your divorce decree requied mediation then arbitration, a court can not hear your matter unless you have attempted to resolve the matter via those forums. Mediation can be done without legal representation.

    Please note that an arbitration award can only be appealed based on certain criteria.

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    This message does not constitute legal advice and is for informational purposes only. This message does not... more
  3. Mary Tom

    Contributor Level 14

    Answered . If your divorce decree requied mediation then arbitration, a court can not hear your matter unless you have attempted to resolve the matter via those forums. Mediation can be done without legal representation.

    Please note that an arbitration award can only be appealed based on certain criteria.

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    This message does not constitute legal advice and is for informational purposes only. This message does not... more
  4. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    Answered . Mediation is completely non binding so you can address the issues that way without fear. But, it is unlikely that arbitration would be given full force and effect unless compliance was made with New Jersey laws about arbitration.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more

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