Refusing Mediation

[rltfox]

Dear Socrateaser,

We are in Washington state & attempting to update an old, outdated parenting plan.  The CP is refusing to mediate & has said she isn't going to go to mediation because it is a waste of time.

The Dispute Resolution section of the court ordered Parenting Plan states: "Mediation with 50/50 expenses shall be used to handle dispute resolution."

11/19/05 - CP signed for a certified letter asking that she contact the mediation center within 3 days of receipt to schedule mediation.

11/23/05 Mediation center confirmed that CP did not contact them. At this point they initiated contact with CP.

11/30/05 Mediation center followed up to say CP has not returned any phone messages so they have not been able to schedule mediation.

1. We have always been under the impression that mediation had to come before court action. Is that how you interpret the Dispute Resolution section above?

2. Is there anything else we can do to enforce the Dispute Resolution section, or do we need to go to court?

3. If we need to go to court would we go for Parenting Plan modification or for contempt on the mediation issue?

4. CP claims she no longer has an attorney. Over the past year all contact on these types of items has been through her attorney. Would her attorney have to provide notice she no longer represents CP?

Thanks for your help.

[4honor]

1. My experience in WA is that if you have made a good faith effort to do mediation and the other parent refuses (for whatever reason) you can proceed to court with a notice in hand regarding efforts to mediate and that the efforts failed. The Mediator may not be able to say WHY the efforts failed, so keep that in mind.

2. See 1 above. Court is not denied as a resort, it is just the last one.

3.  I will leave this for Soc.

4. In WA state, a Notice of Withdrawl must be completed. You should serve notice of the mediation on her (previous) attorney too. At that time, the attorney will either answer or will give you notice of their withdrawl from representing the Ex.

[rltfox]

>4. In WA state, a Notice of Withdrawl must be completed. You
>should serve notice of the mediation on her (previous)
>attorney too. At that time, the attorney will either answer or
>will give you notice of their withdrawl from representing the
>Ex.

We initially requested mediation through her attorney back in October, but never heard back from her. When it was brought up to CP in early November we were told she "didn't have an attorney".

Thanks for your responses!

[socrateaser]

>1. We have always been under the impression that mediation had
>to come before court action. Is that how you interpret the
>Dispute Resolution section above?

See 4honor's response.
>
>2. Is there anything else we can do to enforce the Dispute
>Resolution section, or do we need to go to court?

See above.

>
>3. If we need to go to court would we go for Parenting Plan
>modification or for contempt on the mediation issue?

You just file a motion to set the matter for hearing with the judge on grounds that the other party has told you that she believes that the parties' positions are too far apart for mediation to be useful.

>4. CP claims she no longer has an attorney. Over the past year
>all contact on these types of items has been through her
>attorney. Would her attorney have to provide notice she no
>longer represents CP?

See 4honor's comments.