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Author Topic: Mediation and Delay in Signing the Agreement  (Read 13863 times)

Father7464

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Mediation and Delay in Signing the Agreement
« on: June 23, 2016, 09:56:04 AM »
I requested mediation after my ex-wife introduced our children to my parents and told the children to withhold that information from me.  At no time before or during the marriage did myself, ex-wife or children have a relationship with my parents, based on personal decisions related to my parents aggressive behavior over the years.

Mediation seemed somewhat successful, pointing out that it wasn't her place to introduce the children to my parents.  The mediator sent an agreement and a few edits were needed.  I'm having to push for this agreement to move forward every step of the way and I'm concerned that ultimately she will refuse to sign it.

We share joint custody, 50/50.

What legal process would I use to get these visits to stop if she ultimately refuses to sign the mediation agreement?
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Guru

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Re: Mediation and Delay in Signing the Agreement
« Reply #1 on: June 23, 2016, 08:30:31 PM »
After an agreement is made in mediation, the mediator will write up the agreement for approval by both parties.  That is as far as the mediator goes.  One party will typically then just file a motion to adopt the agreement and "journalize" it for the courts.  A journal entry is simply a formal order that gets written up and signed by the judge.  Sometimes the judge will do it.

At this point, if she's not willing to sign, you'll need to file a motion to order the agreement details.  Then you will both go in front of the judge and discuss it.  He/she will make an order on the spot typically.  This is why I have a hard time recommending mediation - usually you end up in court anyway and you've both wasted valuable time and money.
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JewellWiggins

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Re: Mediation and Delay in Signing the Agreement
« Reply #2 on: December 12, 2016, 06:32:24 AM »
I agree, mediation does not works for everyone.
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