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It's been over a year since my case was ordered to arbitration, should I write the judge?

Arvada, CO |

My special needs son has been in two different school systems, and one has clearly gotten good results, while the other has clearly gotten bad results. I have split decision making with my ex, and the ex will not budge on their school of choice, which also happens to be where the children are currently attending. This case has already been ordered to an arbitrator, but it's been over a year, I've sent the arbitrator two evidence packets now, and still no hint that we're even getting closer to a decision. I am very uncomfortable with this, as in waiting for a decision to be made, my son is going to a school that I feel is actually making him worse. I do not want to go through another year of him in a school that can not meet his needs. Who to write? What to say?

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Attorney answers 1


You can file a motion with the judge. However, you can not "write the judge" without copying the opposing side, as that is considered an ex parte communication with the judge, which is prohibited. I am not sure from your question as to whether you have had the arbitration already or are simply submitting packets of information to the arbiter for consideration prior to arbitration. It should not be taking this long to set up the arbitration or to get a ruling from the arbiter.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.



Thank you! I'm not quite sure if I've had the arbitration yet either. The arbitrator said we were not going to have a formal meeting for the arbitration, because there is no middle ground, it's my school vs. their school, so this will all be taken care of via mailing evidence packets, and communicating through email, but the arbitrator has requested that I send them two packets now, so each evidence packet was upon their request. I will look into filing a motion with the judge, thank you again.

Matthew T Famiglietti

Matthew T Famiglietti


I agree with Mr. Leroi. Also, if you have not gotten a Special Ed lawyer, I strongly encourage you to obtain qualified counsel.

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