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Waiving mediation

I.hate.cats's picture

After three long months the first court date is FINALLY here. The judge DH is going before is notorious for referring everyone to mediation, which in this case is pointless since BM is a liar who's continually provided DH with false information and made herself out to be the victim.

So the question I have is how does DH get the judge to waive mediation without exposing too much drama????

Comments

Maxwell09's picture

The way it worked here was that the judge advised all cases to mediation while he handled other cases. Our lawyer already knew BM wouldn't settle for anything so she told BMs attorney we'd wait it out for the judge. All other cases settled through mediation. He heard DHs case, ruled in his favor then sent them both back to mediation to set a schedule. BM wanted to give DH EOWE and told the judge their 50/50 arrangement didn't work for her anymore. He ruled in DHs favor and then in mediation she tried to get back to 50/50 bc she didn't want to get stuck with EOWE. DH told her no, our lawyer reminded her lawyer she said she didn't want 50/50 so they went back in front of the judge. He decided the schedule

Point being: if neither of yall can come to an agreement the judge will have to eventually decide for yall whether he wants to or not. It is his job

MommyMayI's picture

We were told that all cases go to mediation first then they go to a judge of an agreement can't be reached. Everything is backed up. If they started out with 50/50 things wouldn't be so bad.

MamaDuck's picture

It's unlikely the Judge will waive.

We are dealing with the same. SO has current proof of BM's lies (1 ex. BM in the paper talking about her 'autistic child', AFTER receiving a report from pediatrician that SD is NOT autistic SMH) but the way the lawyers explained it, "that's in the past (yeah, last lie, like FIVE days ago SMH), focus on attempting to resolve your issues NOW". SO want's his case to go straight to a judge as well, but he's been told the judge will likely refer them to another mediation round or two AND order a [psych eval] report to be done and submitted which can take up to 6 months. Ugh.