We can't agreed on CCV mediation. Can I skip the second mediation and request a hearing with the judge?

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The 1st mediation was awful. We walked out with a partial court order. Now that the divorce is final, we have scheduled a 2nd mediation but I doubt that we are going to come to an agreement. The problem is that is in the middle of our kids summer break, which is one of the unsettled issues. I am not the moving party. Can I cancel the 2nd mediation and request a hearing with the judge?

Attorney Answers

2
Michael Schwerin ·
If the second mediation was ordered, no you cannot cancel it. Go to the mediation and if that fails, then ask the judge for a decision.
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Paul Weidenfeld ·
I agree with the prior answer -- if the mediation is court ordered you can't just blow it off. BUT, while the mediation felt awful, you at least reached a partial agreement and you seem to have narrowed your issues considerably. If you give it another try, you just might resolve the rest of your issues. AND, even if mediation isn't court ordered there is another reason you should give it a try. That is, court's really want the parties to work out things like visitation and summer solutions themselves (it's one of the main reasons why they order mediation in the first place!), and if the court perceives that you are the intransigent party (which, almost certainly if you refuse to mediate), then the likelihood of a good result is significantly diminished.
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