Definitely show up. The mediator will issue their report to the court and the court will either decide based on that report or listen to your exes excuse and reschedule mediation.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Attorney Fink is correct. In Florida a court cannot order parties to settle their differences through mediation but a court can order the parties to attend mediation. When a court orders mediation then the parties are required to show up.
You may want to discuss with your attorney, if you have one, whether to allow your husband to appearance by phone for the mediation. This option may allow you to expedite the mediation process but please confirm that you do not need the courts permission for your husband to appear by phone. If your husband has an attorney he or she can attend the mediation but I advise you to confirm - before the mediation starts - that the attorney has the authority to make final decisions in your ex's absence. Otherwise you could waste a lot of time and fees.
Susan Gregory Liammari, Esq.
Courts usually frown upon parties who do not appear for an ordered mediation without legitimate grounds and the appointed mediator will likely report the parties' appearances or lack thereof.
By visiting this website, you have requested general information and the content herein should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any such content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in your jurisdiction. The hiring of a lawyer is an important decision that should not be based upon advertisements or participation in a legal topic forum.
Sign up to receive a 3-part series of useful information and advice about child custody law.