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Opposing counsel will not agree to mediation in my divorce, what can I do?

Dallas, TX |

The temporary orders state that we were to mediate on or before December 21st of last year and it is now April. Opposing counsel has refused to answer our request for mediation for the past 3 months and claims they cannot afford mediation. I did not want this divorce, however I am eager to get on with my life now. What recourse do I have to get my divorce to mediation. Opposing counsel also wants me to pay for his fees. My wife and I were only married for 4 years and we have no kids. This should not be that complicated.

Attorney Answers 3


File a motion for mediation, ask the judge to appoint a mediator. It'd probably be a good idea to consult an attorney, as well.

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You can file a Motion for Mediation and ask the Judge to Order mediation and determine how the mediation and any other fees are paid for. Given the issues you have incurred setting your case for mediation, you might consider filing some type of motion to excuse mediation and order the case be set for trial so that you can get to a final resolution.

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I agree with my colleagues. File a Motion for Mediation and get a judge to order y'all to go to mediation. If the opposing counsel does not show, then he will be in violation of a court order. You should consult with a qualified Family Law attorney to represent you at the mediation.

This answer is meant for information purposes only. No attorney-client relationship has been established between the Avvo user and Cesar Garcia.

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