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Thread: mediation

  1. #1
    morales1 is offline Member
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    Default mediation

    are attorneys allow in mediation? who talks in mediation parent or attorney? can i request for the mother to talk and not the attorney? is a child custody case and i have a lot of proofs that she is not a fit mother and I'm worry about my children..but since she has an attorney and I don't I'm afraid that i'll loose the case..I can't afford one

    when you served someone with a petition on child custody are they require to file a financial affidavit too?

  2. #2
    Attorney Cheri Hobbs's Avatar
    Attorney Cheri Hobbs is offline Super Moderator
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    Attorneys are allowed in mediation. The mediator, the parties and their attorneys can all speak up during mediation and are encouraged to do so. You cannot ask for just the parent to speak and not her attorney. Just remember to be very specific about your "proof" and evidence but remember a mediation is NOT a trial and there will NOT be a judgeicon to decide these issues. A Mediation is where both parties have a chance to discuss the issues and hopefully come to an agreement on some if not all the issues. Both parties must file and serve on the other party a Financial Affidavit. This should be done prior to the mediation as well.

    Attorney Cheri Hobbsicon

  3. #3
    morales1 is offline Member
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    Default question

    what happens if other party fails to file a financial affidavit?

  4. #4
    Attorney Allison Belcher's Avatar
    Attorney Allison Belcher is offline Super Moderator
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    In my experience, if the mediation is court appointed, they usually will not assign a mediator without a financial affidavit. You can file a motion to compel the financial affidavit.

    However, if the mediation is private, you can go forward without the financial affidavit, it just makes deciding things a little more difficult and you are at a disadvantage since you do not have all your information to make an informed decision.

    Attorney Allison Belcher,
    7623 Little Road,
    New Port Richey, FL
    727-844-7676
    Attorney Allison Belcher
    The Divorce Center

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