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What happens if the noncustodial parent refuses to go to mediation before the trial date?

Everett, WA |

My ex and I have not finalized the parenting plan due to major conflicting opinions. The judge said that we should try mediation and also set a trial date as a motivator. Our court date is fast approaching and I have not been able to get my ex to agree to a mediation session. There is a Guardian ad Litem involved but he hasn't been able to get her to agree to mediation either. Right now I'm expecting the parenting plan to go to trial due to lack of communication or compromise.

If she refuses to mediate the parenting plan before trial, will that push back our case until she does? Do we have to mediate before trial?

Attorney Answers 1


There is a local rule that recently went into effect requiring mediation before you can confirm the trial. Without being able to confirm the trial you can't go to trial. The local rule doesn't address the situation where 1 party is willing to mediate and the other refuses. My suggestion would be to file a motion before the presiding judge to require mediation and if your spouse refuses to mediate by a specific date then ask that the Court strike his pleadings and provide you with the relief you seek.

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