Mediation

[mktbm]

What is the name of your state? new mexico
What is the purpose of being sent to mediation, meaning:

1. If you cannot come to an agreement, how do you get the custody case back to court?

2. Can any part of mediation be used in court?

Thanks for your advice.

 

[I AM ALWAYS LIABLE]

What is the name of your state? new mexico
What is the purpose of being sent to mediation, meaning:

1. If you cannot come to an agreement, how do you get the custody case back to court?

2. Can any part of mediation be used in court?

Thanks for your advice.

My response:

Mediation is a form of "settlement discussion". It's the time to place all the issues on the table, and discuss each one to determine whether or not an agreement can be reached on each issue. The mediator's job is to help the parties determine whether settlement is viable, and if so, on what grounds. The overall purpose is to "weed out" those items that don't need to be heard by the trial judge, thus making your time in court that much shorter.

Like any other "settlement discussions", points of conflict or agreement cannot be used from the mediation at time of trial. The mediator will help you place all agreements in writing for the judge to review, and hopefully, approve.

If any of the items discussed during settlement discussions cannot be resolved through the mediation process, after a good-faith attempt, then the item or items move on to a trial on the merits, and each will be heard by the judge - - including any disagreements concerning custody, visitation and/or support without reference to what may have been discussed at the mediation.

When the judge is forced to decide, the parties usually don't come away with what they were looking to obtain. So, try real hard to work out these matters through the mediation process because you're bound to come away more satisfied than if you were to roll the dice at trial.

IAAL

 

[mktbm]

Thank you IAAL, very much.

Does the mediatior write up any kind of report or give his recommentdation at custody hearing. This will not be settled in mediation, I am afraid.

 

[I AM ALWAYS LIABLE]

Thank you IAAL, very much.

Does the mediatior write up any kind of report or give his recommentdation at custody hearing. This will not be settled in mediation, I am afraid.

My response:

The only "report" that a mediator prepares is his/her attestation that mediation was completed, and lists the remaining issues that will need to be heard at trial. The only time when a mediator gives his/her "recommendations" concerning custody is if the mediator feels there's a "child endangerment" issue. With the exception of that, no reports are prepared for the judge. Remember, mediation is a form of "settlement discussion", and settlement discussions DO NOT play any role at trial; i.e., whatever was said by the parties at mediation cannot be used at trial.

IAAL

 

[mktbm]

thanks

IAAL,
Thanks for all your help.

I would send you a cookie or pie or redhead if I could.

 

[krispenstpeter]

He IS such a sweet old bear now isn't he?

Makes me want to up-chuck sometimes

 

[I AM ALWAYS LIABLE]

IAAL,
Thanks for all your help.

I would send you a cookie or pie or redhead if I could.

My response:

You could send me a redhead with a nice pie. Cream pie, that is.

IAAL

 

[mktbm]

(krispenstpeter)"Makes me want to up-chuck sometimes"
My response: Look out below

(IAAL) "You could send me a redhead with a nice pie. Cream pie, that is."

My response:
Somehow I knew this, any other qualifications, because honestly you could get just about anything redhead with cream something, so I guess the decision is yours.