What happpens if i refuse to attend a mediation conference?

by **jaren12** » Thu Mar 31, 2011 6:32 am

I recently talked to a parallegal and she told me i did not have to attend the mediation conference but im still confused becuase my papers state that my attendance is required. A parallegal would know more than i would and she wouldn't tell me something that would get me into trouble. The mediation has to do with family law and i moved from Florida to Texas with my husband (who isnt the child of the father). Thats the reason i got a mediation letter sent to me. But once i am a resident and refuse to go to the mediation the father of the child would have to file a paternity suit which he would have to file over here which is more expensive on him. Should i go to the mediation or should i not and wait til the father files a paternity suit?

by **matyas** » Thu Mar 31, 2011 6:35 am

wrong the father can file a paternity suit where th child was born and soppena you and a writ of habeas corpus for you to bring the child with you. if you don't show now it can lead to worse things down the line.

by **shen86** » Thu Mar 31, 2011 6:52 am

I don't know about US law but here in the UK my experience of mediation is thus: when I was getting divorced, the solicitors required my husband and I to attend mediation - us in the prescence of a neutral lawyer. This was supposed to see if differences could be dealt with outside of court. It would have looked very unfavourably on either party who didn't attend.
If it's similar in the US it is a formality which may go against you in the future, ( could argue you were obstructive, unwilling to even try to resolve issues etc). Think carefully about why you don't want to go and ask a paralegal if it could jeopardize you in any way, however slight, if you didn't.
Hope it all doesn't get too painful for you, xx

by **shen86** » Thu Mar 31, 2011 6:59 am

You don't have to attend in the sense you would a court hearing.

If you don't, you can't present your case and the mediation committee will rule against you.

by **dana** » Thu Mar 31, 2011 7:05 am

no u dont have to go, BUT it would be in your best interest to go

by **freedom97** » Thu Mar 31, 2011 7:09 am

If he files a paternity suit, he can use the fact that you refused mediation against you in court. It will make you look like the bad guy. Just show up for the mediation - you don't have to come to an agreement on anything, but you should show up.
Unless it's court-ordered mediation you do not have to go. But it will probably come back and bite you in the butt if you skip out.

My ex petitioned for mediation and I thought it was BS and didn't want to go... well I did go and it was actually quite satisfying because I explained the situation and the mediator pretty much took my side on everything.

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