What can be done if my brother was sent home by the mediator for the mediation meeting? 3 Answers as of July 06, 2015

My brother is going through a custody case with his ex-girlfriend for his 2 daughters. They had a mediation meeting around December 16, 2013. Prior to this meeting, it was agreed (the ex-agreed) to have a video conference in court at the mediation office. However, when the date came my brother showed up at the mediation office and he was told by the mediator that they were not equipped to have that type of meeting. My brother was asked to go back home and call the mediator's office to have the meeting via conference phone (the ex-girlfriend and new boyfriend were with the mediator all the time). My brother did as told and he couldn't really have this meeting because he couldn't see what she was showing the mediator in order to comment on. I feel that this was handled completely wrong and that this meeting shouldn't even be considered in court and that a new new meeting and a new mediator should be assigned. How much power does a mediator have? What should my brother do?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
In Wisconsin the mediator does not have much say with he court. But why did your brother wait a year and a half from the time he was sent home? Something seems very strange. Did the mediator make any report and was it biased against your brother because he was sent home? Why bother with a video anyway esp. since what is said at mediation can not be used in court? Was there a lawyer involved in all this? If so, s/he has some responsibility and might have failed to fulfill it. In any event, I expect your brother's lawyer would tell him that they should file a new motion with the court, explain what has happened, explain the long delay, and ask for a new mediation, without these unusual conditions.
Answer Applies to: Wisconsin
Replied: 7/6/2015
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
He can file a motion to modify placement which is likely going to result in going back to mediation as it has been over a year and a half.
Answer Applies to: Wisconsin
Replied: 7/6/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
One thing that I note is that this mediation took place over two years ago since you've mentioned in your question the mediation was in 2013. I'm not sure if this particular mediation is relevant and a new mediation might need to be established for what's happening on the current parenting plan. Your brother would benefit greatly from meeting with an experienced family law attorney in an office consultation.
Answer Applies to: California
Replied: 7/6/2015
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