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Ex-Husband's Attorney Ruined Mediation Attempt

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  • 03-22-2008, 07:55 AM
    tmratcliff
    Ex-Husband's Attorney Ruined Mediation Attempt
    I am suing my ex-husband in Oklahoma Small Claims Court for some unpaid credit cards he failed to pay per our divorce decree. The judge ordered us to mediation. During mediation, my ex agreed to pay the debt to me in installments. He was having a hard time figuring out how much he could pay per month so the mediator told him just to let him know the amounts in a day or two and he would draw up the agreement for us both to sign. A couple days later, I called the mediator and was told that after speaking to his attorney, my ex decided "to just take his chances" in court. In other words, the attorney totally interferred with our mediation. Is there anything I can do? Shouldn't I bring this to the judge's attention?
  • 03-22-2008, 08:01 AM
    aaron
    Re: Ex-Husband's Attorney Ruined Mediation Attempt
    The judge is going to figure out that the mediation failed when you go back to court to litigate. Beyond that, the judge is going to decide the case based upon the facts and law, not finger-pointing over "who's to blame" for the failure of mediation.
  • 03-22-2008, 01:21 PM
    tmratcliff
    Re: Ex-Husband's Attorney Ruined Mediation Attempt
    It didn't fail until the attorney got involved. He just wants to go to trial so he can get paid more money. If he hadn't been involved, mediation would have been successful which is what the judge wanted to happen.
  • 03-22-2008, 04:23 PM
    525601minutes
    Re: Ex-Husband's Attorney Ruined Mediation Attempt
    So? It is your X's right to consult with a lawyer and agree or not as he sees fit. Mediation failed so the judge will decided - end of story.
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