Mediation order

[Ref]

Hi Soc

My attorney and my exwife's attorney agreed months ago in writing that mediation would be a waste of time and money due to the hostile relationship that my ex and I have. I just received a copy of the judge's order for us to go to mediation. I don't believe the judge was notified of our lawyer's decision to forgo mediation. Additional extenuating circumstances are that i live 1400 miles away and it would cost much more than the average person to go to a failing mediation.

My ex has also lied about almost all of her counter suit (I filed for mod for CS and she countered with contempt and mod of visitation). Evidence is easy enough to obtain of her lies and her attorney knows that. I think her lawyer might be realizing this and changed her mind regarding the mediation.

The case started when they closed the whole East coast offices down at my old company. I lost my job and there is no way with no college or experience outside the industry that I would make the same $$.

BM quickly countered with 2 contempt charges (both easily proven wrong) and a request to take some of my visitation away (one week at the end of the summer with an open ended request to lower it as the years go on based on her preference and half of my 3 day weekends, which I have none per our parentng plan) Obviously all frivolous. She is also asking for lawyer fees and court costs. I had no intention on hiring an attorney until she filed contempt and visitation mods.

1. Is it too late to petition the court to forgo mediation?
2. Based on the info given, do you think it would be best for me to seek relief through the court or give in to mediation?
3. Would it be reasonable to ask for legal fees based on the fact that I was Pro Se until the contempt and visitation mod were filed?

Thanks
ref

[socrateaser]

>1. Is it too late to petition the court to forgo mediation?

File a motion requesting a waiver. Use your prior documentation between the attorneys as proof. You are offerring the attorney's correspondence as proof that mediation will be fruitless, not to prove the other party's liability, so the evidence is admissible.

>2. Based on the info given, do you think it would be best for
>me to seek relief through the court or give in to mediation?

You're complaining about the cost of travel. You've already stated that the value of mediation will be $0.00. If you thought the mediation would be more valuable than the travel, then my advice would be to take the mediation. But, you've stated the opposite, so my advice is seek a waiver of mediation.

>3. Would it be reasonable to ask for legal fees based on the
>fact that I was Pro Se until the contempt and visitation mod
>were filed?

Pro Se litigants cannot get attorney fees. You can ask for filing costs and clerical costs, which probably don't amount to much.

[Ref]

I did file Pro Se for the Child Support decrease. BM and I negotiated the increase without attornies, so I thought it would work the same way for downward. Shortly after, she filed 2 contempt charges which are amazingly rediculous and a decrease in visitation, with no grounds. When I saw that she was filing for all of this on top of the child support, I hired my old attorney again.


1. Based on these facts, would it be reasonable to ask for attorney fees?



Thanks
Ref

[socrateaser]

>I did file Pro Se for the Child Support decrease. BM and I
>negotiated the increase without attornies, so I thought it
>would work the same way for downward. Shortly after, she filed
>2 contempt charges which are amazingly rediculous and a
>decrease in visitation, with no grounds. When I saw that she
>was filing for all of this on top of the child support, I
>hired my old attorney again.
>
>
>1. Based on these facts, would it be reasonable to ask for
>attorney fees?

Absolutely yes.