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What happens when one party refuses to dicuss issues at mediation?

Bothell, WA |

My ex and I are going to mediation. She informed me via email she will not however be discussing any modifications to parenting plan. This is one of the reasons we are needing mediation.

She obtained an attorney and then told me that I can't bring up modification with her as she feels it's harassment . She also said she is not willing to discuss it in mediation even though our PP states it as necessary to mediate before court is involved. So do we still go through with the process and then get courts involved if nothing is mediated on? I feel it's an attempt to drag this out through summer since my request is for more visitation this and all future summers.

Attorney Answers 3


  1. If mediating all issues in good faith is part of the order, you can file a motion for contempt for refusing to comply with the order.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.


  2. The standard dispute resolution provision in parenting plans does not apply to modification of the existing plan. The parents can always agree to submit any dispute or disagreement to mediation, but it sounds to me like you and she do not agree infactin fact about what the pending mediation is for. In King County there is no requirement that parents seek mediation before a petition to modify the parenting plan is filed. Sounds to me like you need to hire an attorney and assess if you have a basis to seek to modify the parenting plan, and if you do, you need to get the case filed.


  3. A lot of people conclude that because an attorney is not required in a divorce case that they can save significant money by not having one. that may be true, but there are certain instances in which going without an attorney is inadvisable. Generally, in a non-cooperative divorce, you need counsel to keep from being bullied. Further, she has one so it's not an even playing field. Once you have an attorney these types of questions are easily resolved, and perhaps that will be the catalyst to getting some of the issues resolved, too. Good luck..

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