Dispute Resolution

[luvisabattle]

What is the name of your state (only U.S. law)? Washington

In our parenting plan it states:

Disputes between the parties, other than child support disputes, shall be submitted to:

Mediation by Family Court Services

The cost of this process shall be allocated betweeen the parties as follows:


50% mother 50% father

The counseling, mediation or arbitration process shall be comenced by notifying the other party by writtten request or other: E-mail is considered written notice.

b) Unless an emergency exists, the parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support.

I requested to meet with my ex to mediate in Sept. He and his lawyer both said no - there was no reason to meet.

Now that I have brought up a lot of issues and have said I'm filing a motion for clarification, they have said they want to mediate. I also want to request make-up residential time. My question is: Do I have ot mediate since it is our resolution process, or because they originally said no, can I file the motion?

What is the name of your state (only U.S. law)?

 

[Silverplum]

What is the name of your state (only U.S. law)? Washington

In our parenting plan it states:

Disputes between the parties, other than child support disputes, shall be submitted to:

Mediation by Family Court Services

The cost of this process shall be allocated betweeen the parties as follows:


50% mother 50% father

The counseling, mediation or arbitration process shall be comenced by notifying the other party by writtten request or other: E-mail is considered written notice.

b) Unless an emergency exists, the parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support.

I requested to meet with my ex to mediate in Sept. He and his lawyer both said no - there was no reason to meet.

Now that I have brought up a lot of issues and have said I'm filing a motion for clarification, they have said they want to mediate. I also want to request make-up residential time. My question is: Do I have ot mediate since it is our resolution process, or because they originally said no, can I file the motion?

What is the name of your state (only U.S. law)?

Yes, I believe you do have to mediate first.

 

[luvisabattle]

What about make-up residential time - can I request that in mediation or do I need to file for that?

 

[Silverplum]

What about make-up residential time - can I request that in mediation or do I need to file for that?

Request it in mediation.

 

[luvisabattle]

He will say no - Do mediators have the authority to order it? If he says no can I then file?

 

[Silverplum]

He will say no - Do mediators have the authority to order it? If he says no can I then file?

No, mediators have no authority. They mediate. They facilitate. They try to help you come to agreement with give and take.

I don't know if you can file. I don't know if makeup time is ordered in your C.O. I don't know if it's a standard thing in your state. In MY knowledge/experience, it's something requested and then ordered by a judge/magistrate in a contempt hearing. But perhaps it can be done. Talk to attorneys in your state -- use the yellow pages to find those who offer free initial consultations, or low-cost consults.

 

[luvisabattle]

There would be less than a week of make-up time so I'll probably just let that go.

My objective is to clarify some grey areas that my ex has used to withhold residential time mainly during the summer months when he has her, and if that is cleared up and a firm schedule is in place, hopefully peace will be restored.

Thanks for your help Silverplum

 

[Silverplum]

There would be less than a week of make-up time so I'll probably just let that go.

My objective is to clarify some grey areas that my ex has used to withhold residential time mainly during the summer months when he has her, and if that is cleared up and a firm schedule is in place, hopefully peace will be restored.

Thanks for your help Silverplum

I hope it goes peacefully and well.

I've found that, in mediation, if you know the law and give a good (but not hostile) argument, and keep the best interests of the child/ren in the forefront, you will likely have the mediator "on your side." (By that, I mean that the mediator will be helping you persuade your X because your argument is based in law and best for the child/ren.)

I didn't do much. But you're totally welcome.