But, it sounds like your wife is trying to tell you that if you don't
agree go to mediation she is going to file for divorce.
Not exact matches
You may want
to specify that partners bring disputes
to mediation before arbitration,
go to arbitration directly, or
agree to only
go to arbitration.
When parties can
agree on the terms of their separation through
mediation or other means, the result is that they avoid having
to go to court.
Jackson suggested that a CMO might not be appropriate in complex high value commercial litigation or where
mediation is
going to take place in the near future (but, if it is only a possibility, a CMO might well encourage
mediation once the reality of the numbers sinks in
to the parties» minds and particularly given that PD 3E limits the recoverable costs of completing Precedent H
to the higher of # 1,000 or 1 % of the approved (no mention of
agreed) budget and the residue of the budgeting and costs management process
to 2 % of the approved (no mention of
agreed) budget — save in exceptional circumstances).
Sometimes, receiving a formal letter from a lawyer is enough
to prompt someone who was in denial
to take steps and find their own lawyer or
agree to go to mediation.
Couples, lawyers and judges
agree that
Mediation or Collaborative law are a much less time - consuming and costly way
to settle a dispute than
going to court.
This process can include
agreeing to negotiate with help from lawyers, attending
mediation, and / or
going to court.
If parents and grandparents can not
agree on custody and access, they may choose
to go to mediation.
Accordingly, if parents wish
to establish an enforceable parenting plan, it appears that they could
go through the Department of Revenue, get a waiver of the court filing fee
to file a petition with the court,
agree to a parenting plan via
mediation or collaborative practice, and have a court ratify the parenting plan.
But good faith does not always get the job done and defense law firms understand that if we can not
agree on an appropriate settlement during the
mediation process, we are prepared
to file the case in court and
go to trial if necessary.
Indeed the very fact that he has
agreed to mediation signals that he is prepared
to pay something
to make the case
go away (see: Dr M Friston and others «Cost cutting», 156 NLJ 7223, p 737).
Obtaining child custody orders can be a very complex process because if the former spouses can not
agree, they have
to go before a judge and get a court order or have a
mediation session.
«
Going to court» arises when an urgent matter comes up; when the other party does not come
to the table
to discuss; or when an impasse is reached and
mediation or arbitration has not been
agreed to.
@turquoise — I do
agree that if both partners
go to mediation willingly, with the intention of making it work, it will be more successful.
If you decide
to go through
mediation and your spouse
agrees to do so, find an attorney who makes
mediation a regular part of his or her practice, or find a certified and licensed non-attorney divorce mediator.
If you
agree in your
mediation session not
to disparage the other party
to the children and then you
go home and disparage him / her, you're being counterproductive
to the process.
If you can not
agree on parenting time and your
mediation process stops, then the court will most likely make both parties pay for a third party evaluator (called a Child and Family Investigator - CFI)
to conduct an investigation before you can
go to a court hearing.
The parties are asked
to give their consent at this stage
to continue with the
mediation process and if both parties
agree and the Mediator is satisfied that a safe meeting can be held it will
go ahead.
You can sign a pre-nup in which you both
agree to attempt
to resolve any future divorce, custody, child support, alimony, and property division issues through collaborative divorce or
mediation before you
go to court.
And when I open a
mediation, I start by saying that the parties have already shown their ability
to reach consensus because they
agreed to go to mediation, and they
agreed to choose me as the mediator.