In my motion to the court and letter addressed to the other parties the other party refused reasonable attempts to mediation; other party waited 8 days to respond, requested to have a meeting with no mediator, refused any mediator in a specified town, and refused a mediator in any area that I had once lived, requested a mediator previously used with no outcome, requested 3 other mediators that resulted in over 200 mile drive v. there less than 100 mile drive: Will the judge look at these as refusing reasonable mediation? I also have a letter from a mediator that had tried several times in contacting other party but other party refused to return contact
In family law, judicial officers (judges, court referees) often make reasoned 'judgment calls' on particular matters (in light of the law, of course). I urge you to pay to confer with a very well experienced attorney at this time and she can advise you in detail as to your personal situation and circumstances. If you reside in a remote area be aware that some of us may form special arrangements to provide legal service to you, say by use of phone, email, etc. A limited number of us have credential as trained family law mediators, and have training as parenting time expeditors as well. Attorneys here do not solicit client. I suggest you do some online study, then make a few phone calls. Be wary of 'free advice'.
Tricia Dwyer Esq.
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
I am not sure that I completely understand the facts of your case. Is there an Order requiring mediation prior to bringing the matter back to Court? If so, you will need to explain in your motion documents/affidavit, all attempts that you have made to get his cooperation/compliance with that requirement. The judge may hear your motion if he/she feels that you have made an appropriate effort to gain his compliance and that he has refused. I would also suggest requesting an award of attorney's fees (assuming that you hire an attorney) due to his bad faith behavior.
Considering the trouble you have in getting the opposing party to the table to discuss the issues in a controlled mediated environment, a Parenting Time Expediter is a good option for you. You may still have an uncooperative opposing party but the PTE can make decisions and be reviewed by the court if someone is really that upset about the decisions. His stalling tactic will not work so well with the PTE in place.
Mediation can be a prerequisite to making a motion and the court needs to know you tried. The Judge gets to decide if you tried hard enough to get to mediation. If not, you can both be ordered into mediation. That way you would get to mediate and the Judge could also help getting both of you to cooperate in selecting an appropriate mediator.
If there is not any form of no contact order between you two, one way to tell the court about these stalling tactics in getting to mediation is the Certificate of Settlement Efforts as described in Rule 303.03(c) of the Rules of Practice in the District Courts: Family Court Procedure. His stall tactics may be a basis to be excused from further attempts to resolve the matter. You can find more information on www.mncourts.gov under settlement efforts.
The Forgoing is a general discussion of the law for marketing purposes, and is not a substitute for competent legal advice about your specific case. No attorney client relationship is established without an in person meeting, a signed fee agreement and a paid retainer.
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