The courtroom is not the only path to a good resolution. Divorce mediation is a wise choice in most cases. I recently made an appearance in a county which allows for hearings on temporary custody and parenting time before the parties mediate. The opposing attorney had filed for temporary custody without asking for mediation. We asked the opposing attorney to mediate prior to the hearing, but they refused. I would have been happy to meet in our conference room and talk about some creative solutions to the problem, but they refused. Rather than mediate or negotiate, a hearing was held. The result was substantially worse for the moving party than they expected, and perhaps even than they could have reached in mediation. Rather than a cooperative solution being reached voluntarily, the court imposed a decision on the parties that was harmful to the moving party.
Good divorce lawyers are dispute resolution experts. They are trained in negotiation, cooperative face to face meetings, collaborative law, mediation, and have trial skills. When asking a lawyer questions before you hire them, make sure to ask about how they resolve disputes. If court is the primary answer, you may be wise to look elsewhere.
How does a party go about asking for a mediator? My husband and his ex-wife were assigned a mediator a few years ago, but she has since resigned, and at the time there were no issues with the parenting time. Another mediator had not been assigned. In the past couple weeks, the ex-wife is saying she is refusing to send the children for the court ordered parenting time of spring break. Father is out of state and has already purchased his airline tickets. The case is in Marion County. Thanks.
You could try to find a private mediator to help with your situation. Private mediation can be fast and efficient, but it is voluntary. You may be able to have another county mediator assigned to your case. A link to Marion County’s Supplemental Local Rules regarding mediation can be found here. You may also want to consider an enforcement action if you end up missing parenting time because of the dispute. You should talk to an experienced family law attorney asap to see what can be done.
In Oklahoma Divorce Court, the spouses are required to complete one mediation before the judge will allow them to put on a trial.