Ex has attorney, we have been sending back and forth letters( Atty and I )regarding contract . Contract specifys Mediation and then binding arbitration. Started requesting mediation in July .Sent Formal demand for mediation October 12, 2011. Atty Playing run the clock since I am getting letters back every 30 days… Now out of the blue I receive informal email from ex stating we need to work this out between ourselves. No chance the meeting will last more than 3 minutes…So I have nothing in writing saying they won’t mediate… since it has been almost 30 days can I send a Demand for Binding Arbitration to the Atty.? I want to stay on the path I am on. A binding arbitration hearing is better for me, so can I just not answer him back about the meeting and send the attorney notice to Binding Arbitration since she did not answer my demand for mediation within 30 days. Thanks… I also am suspect that he is just trying to meet with me to feel me out with regard to what I want and what I am going to ask for in Arbitration…


No, you do not have to respond to your ex’s email. If his attorney is still representing him, then there is no reason for you to not continue on the path you are on now.


What if he is not still using his atty. I cannot tell as I was confused by him contacting me instead of a letter from her. Can I just( because it has been 30 days) since my demand for mediation just send him a demand for Binding Arbitration? Do I file it as a motion or send it myself since the Marital separation was not incorporated with the divorce agreement in court.


You can direct all communication to his attorney unless you are notified that the attorney is no longer in the case. You can’t file anything regarding binding arbitration unless you have an agreement in place already which allows for such arbitration. The court would then order the arbitration to take place. If there is no signed agreement, then a court will not order binding arbitration and you will just need to send a letter to his attorney requesting it.