I have mediation soon and I am not sure what is going to happen. My ex had said he wanted to settle and was going to have papers drawn up but never did. Now he is saying he will not show up to mediation since he didn’t want to have it done. I guess my question is what happens if he doesn’t show up? Does he get arrested for contempt of court? Does it mean we have to go before a Judge? Will this be something that the Judge will see and count against him?
The family law statutes require that the parties attend mediation before trial in child custody cases and some local rules also require mediation in equitable distribution cases, but how judges deal with these requirements varies around the state. If he doesn’t show up, you can file a motion to compel the mediation. Some judges will continue court hearings to allow the parties another chance to complete the mediation, but others will allow the hearing to go forward, especially if there is evidence that even with a continuance, the other party will likely not show up.