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Author Topic: How do I restart the mediation process?  (Read 434 times)
iluminati
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Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: Divorced
Posts: 1571



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« on: January 21, 2014, 05:17:51 PM »

Here's my situation.  I offered my stbxw a separation agreement at the end of July.  After seeking out counsel, my stbxw asked for mediation through a Legal Aid program.  I mentioned her BPD diagnosis, and they thought she was suitable for mediation anyway.  Due to a lack of paid time off at her job, we agreed to meet monthly instead of weekly.  In September and October, we hammered out most of the details of an agreement.  She agreed to give me primary custody, with visitation and child support from her.  The rest of it was setting up the visitation schedule, dividing up debts and property (I agreed to keep the marital debt in exchange for her not touching my IRA or touching potential royalties I may be paid) and other minutae that needed to be covered.

The trouble started in November, when the mediation session was cancelled at the last minute.  We were supposed to contact our attorneys prior to the November session to review the draft and deal with any issues we may have had to settle at that session.  However, she claimed that she was unable to speak to her lawyers.  We rescheduled for the following month due to a number of scheduling issues on the part of the mediators and ourselves.  Fast forward to December, and we were able to hammer out any and all issues, particularly with any lingering conditions on the visitations, and we were able to settle things.  We agreed that this would be the final mediation  Right before Christmas, the mediators send us a final draft for both of us to review, then resent it after the New Year.  I was able to review it with my attorney, and we were ready to schedule a signing day.

Last week, I asked my stbxw to make sure she had read the agreement and arrange for a signing.  Particularly, our daughter's health insurance is going to run out in February, and currently my wife is responsible for the insurance.  We agreed that I would arrange for insurance, and I need the agreement to go through so that I could sign up my daughter for insurance.  A couple of days later, I get an email from the mediators saying that my wife and her attorneys had requested changed in the agreement... . after we had settled the agreement.  I reviewed it, discussed some points of contention with my attorney, and were scheduled to speak today until a family emergency came up (and from what I was able to understand, it may be a few days before I can reach out to her). 

So now, we are headed back to the mediation table after we had an agreement in hand.  What should I do next?  Should I try to force her to stay with the agreement we hammered out?  Mediate some more?  Try to come up with a drop dead date?  What do you think?
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