Objection to Mediation due to lack of production in child support modification

Bankruptcy and Debt 2 views 3 answers
Can I object to an order to mediation because production under mandatory disclosure has not been provided yet? The order was for 30 days, but I did not receive the production documents I requested. I am going to file a motion to compel, but can I delay the mediation so that its not a waste of time and money?

Attorney Answers

3
A Mullaney ·
You can't really object to the mediation, but you can object to the date of the mediation by filing a motion to reschedule the mediation due to the lack of disclosure. If your motion is not heard by the judge prior to the mediation, you should go anyway. But you should not settle your case unless you get the info you need. Without the documents, the mediation may be a waste of time. If so, you can amend your motion to compel to ask that the other side pay for the mediation due to their failure to produce the documents.
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James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
Local rules vary from county to county, but most family law divisions require Mediation prior to final hearings and usually before they will even hear motions for temporary relief. Mr. Mullaney is correct, that while you may not be able to object to mediation you can request that it be rescheduled after discovery is complete. You should state that a resolution at mediation is much more likely once the parties have completed the discovery process. You should also consider retaining a qualified family law attorney who can advise you as to the law and well as negotiation tactics for your mediation. Good luck.
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Nydia Streets ·
Instead of objecting to the order, it sounds like you should file a motion to continue the mediation (meaning you want to set it later). To save time, it may be optimal to file the motion to continue and motion to compel in one motion (that way you don't have to attend two different hearings on separate motions and can kill two birds with one stone, so-to-speak).
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