Mediation Question

[up2itnow]

Hello,

Yesterday I had a conversation with a friend of a friend that is a lawyer but not in family law, about my case and he warned me that my current attorney has almost guaranteed my failure because we set a hearing but we have not gone to mediation.

In my motion I requested an emergency hearing, and the appointment of a CFI. In the order returned from the court the judge denied the emergency hearing, approved the appointment of a CFI, and denied waiving mediation. Following the receipt of the CFI report (which was favorable to me) my attorney recommended that we file a for a forthwith hearing, which we did. After some delay we were able to schedule a hearing and our plan was to just go in and review the CFI report at the hearing. However, the friend told me that the judge may not even hear the case because we have not gone to mediation first.

Can you tell me who is correct?

This judge is already prejudice against me so a mistake like this could kill what little chance I have. Couple this with the fact the my attorney refused to file a request to produce documents that would help prove my allegation, and having done no depositions to help prove my case. I feel entirely ill prepared and only have about 40 days until the hearing.

Help!

Thanks,
Bill

 

[army judge]

If you have lost (or are losing) faith in your current attorney, why not speak to a couple more local attorneys?

I would not repeat what your friend told you.

It is best to play dumb, and seek independent advice.



We don't know (nor do we wish to know) all of the complex details surrounding your legal matter.



The initial consultation is often provided free of charge.

Ask three different attorneys, and then make an informed decision.

 

[up2itnow]

Army Judge,

I started that process today. What I have heard so far is, showing up having neglected to attempt mediation is risky at best, and not the recommended option.

Sorry for the tendency to "over inform".

Thanks

 

[army judge]

Army Judge,

I started that process today. What I have heard so far is, showing up having neglected to attempt mediation is risky at best, and not the recommended option.

Sorry for the tendency to "over inform".
Thanks

Well, with diligence, you'll be able to chose the best course of action for your situation.

Merry Christmas.

 

[Proserpina]

I also don't know your case - but honestly, if mediation is a requirement (it is in some states) and you didn't obtain a waiver, there's a better than fair chance that your judge will be more than a little ticked off if you don't do mediation before the hearing.

 

[up2itnow]

Proserpina,

I am fairly sure in the original divorce docs that it states mediation is required before returning to court and I am 100% positive that this judge will come unglued on me if I neglect to do it. I am super glad I found this out prior to showing up and being shocked in the opening minutes of a hearing.

As always, Thank you and the other board members for your help!!!

Have a Fantastic Holiday however you choose to celebrate it!!

Kind Regards,
Bill

 

[Proserpina]

Then I absolutely think you need to go to mediation.

And I think your assessment of your judge is likely spot on!

Have yourself a wonderful holiday too, Bill!

 

[catch_22]

Mr Bill, just curious how things went. Did you still have your hearing? it's been roughly 40 days. I live in colorado as well, and it's not completely unheard of to have an additional mediation ordered before a case is heard. Hope all is well.

 

[up2itnow]

Mr Bill, just curious how things went. Did you still have your hearing? it's been roughly 40 days. I live in colorado as well, and it's not completely unheard of to have an additional mediation ordered before a case is heard. Hope all is well.

Update: Sorry to take so long getting back into the forum and share the outcome. I actually just got the final ruling back from the court. What a long process!!!

I changed to a new law firm and we went to work gathering evidence (i.e. bank records, probation records, witnesses, etc) none of which my former attorney was planning on doing. We had an 8 hour hearing in January, a two hour continuation in February, and a ruling in March which I WON!!!!! The judge ruled that it was in the kids best interest to return to Colorado and that they were indeed endangered if they stayed with their Mother. The odd part is that the Judge allowed them to stay with Mom through the end of the school year, then the new parenting plan starts. In the new parenting plan their Mom has them during the summer so they are really staying there until August. Funny how they're endangered enough to justify a change in custody but not enough to have them return right away…? I could tell the Judge was really looking for a reason to decide against me but with the CFI report, witnesses, police reports, etc. all in my favor there was no way she could because if I appealed, a Superior Court Judge would most certainly overturn her ruling. She definitely disliked me though. Oh well.

The better news is that the Ex decided a little more money was more important than the kids. I offered to continue to pay her the original Child Support amount through August if she sent the kids back right after school, and she agreed. So they will be returning June 15th instead of August!!

I spent a disgusting amount of money ($22K) and the Ex is trying to stick me with some of her attorney fees too but in the end it's worth every cent if it helps my kids to be in a better environment.

Thanks for all the great advice everyone!!!!!!!!!!!!!!!!!!!!!!!