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  1. #1
    Join Date
    Jan 2009
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    12

    Default Mediation of a Motion to Modify Custody

    My question involves a child custody case from the State of: Indiana
    My ex is moving 50 minutes away and wants to take 1 of our 2 boys with her. Our judge ordered mediation and assigned a mediator. When I called the mediator to discuss what dates I would be available, I was told by her assistant that she would not be mediating this case because my ex wanted it heard within 7 days and the mediator did not have the time. So I called the court and they told me a new mediator had not been assigned yet and that I would receive notice when a new one had been assigned.
    However in the days following this, I receieved 2 voice mails from my ex's lawyers asking for me to call them so we can discuss a mediation date. Am I obligated to return those calls? I do not like dealing with her attorneys directly as they have proven not to be trusted. And since there is not a new mediator assigned, I'm not sure I do need to deal with them directly?
    Any insight to this issue woiuld be appreciated.
    Thanks
    Matt

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Mediation of a Motion to Modify Custody

    If you have a lawyer, then you should have your lawyer talk to your ex's lawyer. If you do not, and insist upon trying to mediate and litigate a child custody case without a lawyer, you are going to have to deal with scheduling issues.

  3. #3
    Join Date
    Jan 2009
    Posts
    12

    Default Re: Mediation of a Motion to Modify Custody

    It's not about dealing with scheduling issues. My question is: Am I obligated to deal directly with her lawyers? I responded to the court order of mediation by contacting the assigned mediator, but they withdrew. And after a new mediator is assigned I will deal directly with them about scheduling issues. But in the meantime, do to previously dealing with her lawyers, I would prefer NOT to discuss anything with them.
    FYI - I do "insist" on handling this without a lawyer

  4. #4
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Mediation of a Motion to Modify Custody

    Quote Quoting bigmatt
    View Post
    It's not about dealing with scheduling issues. My question is: Am I obligated to deal directly with her lawyers? I responded to the court order of mediation by contacting the assigned mediator, but they withdrew. And after a new mediator is assigned I will deal directly with them about scheduling issues. But in the meantime, do to previously dealing with her lawyers, I would prefer NOT to discuss anything with them.
    FYI - I do "insist" on handling this without a lawyer
    YES, you are required to deal directly with her attorney. To the same extent your attorney, if you had one, would be required to do. A refusal to cooperate may simply result in them setting schedules and hearings at their convenience, and note for the record they attempted to conference with you, but you refused

  5. #5
    Join Date
    Jan 2009
    Posts
    12

    Default Re: Mediation of a Motion to Modify Custody

    Great, thanks for the reply. I guess I am confused as to how we can schedule a mediation time when there is not a mediator assigned to the case?

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Mediation of a Motion to Modify Custody

    Quote Quoting bigmatt
    View Post
    Great, thanks for the reply. I guess I am confused as to how we can schedule a mediation time when there is not a mediator assigned to the case?
    Its quite possible that the mediator will be assigned based on who is available for the date selected.

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