Mediation

[Kanchazi]

What is the name of your state? Fl
My wife has to go to Mediation for child support issues, etc. She does not have an Attorney her Ex does. Does EXs Attorney get to sit in on the Mediation? And if his attorney does get to sit in, can I her husband sit in also as support? Thanks

 

[SingleMom67]

Attorneys are typically not allowed in child support mediation. They can be close by in case a party wants to go out of the room and ask him or her a question, but they are not allowed to come in. Obviously, the goal is to come to an amicable resolution of the matters without the influence, drama, etc. of other parties' influence. There is a mediator and each party in the room and that's it. However, at any time during the meeting, either party can get up and decide they don't want to continue. Then a more formal hearing is set.

 

[Accountable]

Attorneys are typically not allowed in child support mediation. They can be close by in case a party wants to go out of the room and ask him or her a question, but they are not allowed to come in. Obviously, the goal is to come to an amicable resolution of the matters without the influence, drama, etc. of other parties' influence. There is a mediator and each party in the room and that's it. However, at any time during the meeting, either party can get up and decide they don't want to continue. Then a more formal hearing is set.

This response surprises me.....can anyone else confirm it's accuracy? I have no prior knowledge or familiarity with family court mediation, but in a civil case, parties are not only allowed to have their attorney present in mediation, but would be foolish not to. The step-father, I would expect, would NOT be able to attend or particpate.....but the attorney? !

 

[Gracie3787]

What is the name of your state? Fl
My wife has to go to Mediation for child support issues, etc. She does not have an Attorney her Ex does. Does EXs Attorney get to sit in on the Mediation? And if his attorney does get to sit in, can I her husband sit in also as support? Thanks

Yes, her ex's attorney can and should be there. Mediation is a part of the entire court process.

The only people who are legally allowed to be in the room during mediation is the mediator, the parties, and a party's legal counsel. You will not be allowed in the room.

If your wife is worried about facing her ex and his attorney in mediation, she should definately hire an attorney for any hearings. For a pro-se litigant, facing an attorney in mediation is a piece of cake compared to facing the attorney in court. The one thing your wife should remember in mediation is that she does NOT have to agree to anything that the law doesn't already dictate anyway.

 

[Kanchazi]

Can we request from EXs attorney exactly what issues they want to discuss in Mediation. And if we request, does EXs attorney have to respond to my wife, with the issues they want to discuss.

Thanks

 

[Zephyr]

are you sure this is mediation for child support? it's been my experience that child support is not an issue that gets mediated

 

[Kanchazi]

No we have no idea what the mediation is for. If we ask EXs Attorney does she have to tell us? Wife was served with a Summons/suit shortly after Son moved out 3 months ago. Asking for cessation of support, change of custody, return of support since the date son moved out, for her to pay for EXs attorneys fees, and asking her to pay child support.

We answered the summons that we were OK with the cessation of support, the change of custody, and that wife would pay support with whatever the court deemed appropriate.
But that we felt we did not have to pay EXs Attorneys fees.

We went to the court date and plaintiffs attorney told the judge that we had reached an agreement.

My wife 1 yr ago had to go to child enforcement because Husband was paying support very eractic, That county attorney was at the court and told my Wife that the next step was Mediation.

We have no idea why and wish to know how we can find out. So wife can somehow have an idea what she is walking into.

Thank you

 

[Silverplum]

I dunno about FL -- I'd definitely listen to Gracie on that topic, and search out her past posts for great FL links.

That said, in my experience in CO, mediation is intended by the courts to do a couple of things: get the two parents to come to agreement on issues if possible; and then leave for the court to decide only the issues upon which the parents cannot agree. This gives power to the parents and cuts down on the number of issues the court must deal with.

Check your local rules of court -- I'll bet they're much the same as CO's. Here, mediation is required before you can go to court.

In CO, you may bring your attorney. (I personally think it's dumb -- you're paying him/her for a block of time in which they are of minimal use. I think the parents should come prepared with their paperwork and their proofs, and deal with each other to the best of their abilities.)

 

[LdiJ]

This response surprises me.....can anyone else confirm it's accuracy? I have no prior knowledge or familiarity with family court mediation, but in a civil case, parties are not only allowed to have their attorney present in mediation, but would be foolish not to. The step-father, I would expect, would NOT be able to attend or particpate.....but the attorney? !

Well...its probably not accurate for FL, but its true that in many states you are not permitted to have an attorney present during mediation. My state is one of them. The idea is for the parents to come to agreements without the influence of outside parties....with the mediator to keep things civil and to help them negotiate.

 

[GrowUp!]

No we have no idea what the mediation is for. If we ask EXs Attorney does she have to tell us? Wife was served with a Summons/suit shortly after Son moved out 3 months ago. Asking for cessation of support, change of custody, return of support since the date son moved out, for her to pay for EXs attorneys fees, and asking her to pay child support.

Well then those are the issues up for mediation.

We answered the summons that we were OK with the cessation of support, the change of custody, and that wife would pay support with whatever the court deemed appropriate. But that we felt we did not have to pay EXs Attorneys fees.

Then the payment of attorney's fees is what's going to be negotiated. Heads up: if she goes in with the "I don't feel" response, she could lose on that. Researching of statutes and case law on the matter would be more beneficial.

We went to the court date and plaintiffs attorney told the judge that we had reached an agreement.

Huh?

My wife 1 yr ago had to go to child enforcement because Husband was paying support very eractic, That county attorney was at the court and told my Wife that the next step was Mediation. We have no idea why and wish to know how we can find out. So wife can somehow have an idea what she is walking into.

Huh?, part deux. So this is being mediated now? How about looking at the summons. It should state exactly what the issues are.

 

[Gracie3787]

Can we request from EXs attorney exactly what issues they want to discuss in Mediation. And if we request, does EXs attorney have to respond to my wife, with the issues they want to discuss.

Thanks

The issues to be mediated should be listed on the mediation notice. If they aren't, your wife should go in assuming that all issues are being mediated.

The mediator will most likely have a list and will "lead" the issues into negotiation, so no one really needs to ask what the issues are.

 

[Gracie3787]

are you sure this is mediation for child support? it's been my experience that child support is not an issue that gets mediated

Florida does now require mediation for all issues that are contested. It saves the court alot of time when things like CS is worked out in mediation. I remember in my hubby's case, hubby wanted CS set at the guideline amount, his ex was determined to have it set way above the guidelines. She sure changed her mind fast when the mediator explained that my hubby does not have to agree above guidelines and that the court will order only the guideline amount. Saved alot of time and problems for the Judge.

 

[GrowUp!]

Florida does now require mediation for all issues that are contested. It saves the court alot of time when things like CS is worked out in mediation. I remember in my hubby's case, hubby wanted CS set at the guideline amount, his ex was determined to have it set way above the guidelines. She sure changed her mind fast when the mediator explained that my hubby does not have to agree above guidelines and that the court will order only the guideline amount. Saved alot of time and problems for the Judge.

But in this instance you speak of, the state guidelines was the settling point. Many times, parents agree to an amount less than the guidelines, which might not be in the "best interest" according to the courts -- which is why I am even surprised that CS is mediatable.

 

[Kanchazi]

Thanks for replys . My common sense tells me that if Plaintiffs attorney told the judge that we had reached an agreement. That would include our answer to the court. Which was that we were Ok with cessation of support, change of custody, and that we did not feel that we had to pay for EXs attorney.
I dont feel now she plaintiffs attorney can say they were ok with certain things and not with others? Maybe I am wrong? But if thats the case we are going to ask to go back in front of the judge and tell him that we are not ok with some of the other issues. If they can say we had agreement I would think its for the complete answer to the court, or they should of specified which issues they were ok with and which they were not.

 

[SingleMom67]

But in this instance you speak of, the state guidelines was the settling point. Many times, parents agree to an amount less than the guidelines, which might not be in the "best interest" according to the courts -- which is why I am even surprised that CS is mediatable.

Really, that's exactly why many states are moving to requiring that child support cases be mediated first. As I'm sure you already know, there just aren't enough resources in the child support system, so the hope is that an agreement can be reached BEFORE going in front of a judge. The intent is to saves time and money.