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Author Topic: oops,I got skipped-----documents for mediation  (Read 1451 times)

seesaw

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oops,I got skipped-----documents for mediation
« on: Feb 28, 2004, 02:05:06 AM »
I think i got skipped--so posting again



We have 50/50 but are going for 70/30 for school, stabilty, etc.
Child is 3.He has been with us the majority of the time.
I would like to know what kind of documentation would be helpful in mediation,this is in CA.
She filed initially for the 50/50 and we filed this time for the mod. She is going for the same as we are.
Mainly we were going to present documentation of the things we are doing to have a stable family environment, but will we need ammo if she does not agree?
And also will a mediator,if they are thinking that our plan is best for the baby, try to persuade her to comply to avoid a court battle he feels she will not win?


 thanks in advance!


socrateaser

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RE: oops,I got skipped-----documents for mediation
« Reply #1 on: Mar 14, 2004, 01:20:15 PM »
Mediation in CA is mandatory, but settlement in mediation is not. The mediator's job is to try to bring the two of you to a settlement, and report that settlement out, if it occurs.

If both parents are seeking the identical change in their favor, then mediation is a waste of time. Present your position and your evidence if you like and then just stand your ground and get ready to go to trial.

Alternatively, if you are certain in advance that the other party will not budge, then simply present your position without any evidence (no sense in giving your opponent a head's up on what you intend to present), and then just smile and state that you will have to discuss the matter with counsel -- eventually the mediator will simply say that it's obvious that the parties are too estranged for mediation to produce a meaningful outcome and the mediator will recommed to the court that a trial be held.

Based on your facts, I would be attempting to maintain 50/50, not trying to get more, and it sounds as though that's where you're gonna end up when the dust settles, anyway.

 

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