[Solved] Respondent not turning up to first hearing?

Hi,

Im not an expert but i can give you an opinion from what ive learnt as ive been going through this for 3 years.

The judge wont at all look fondly on her non attendance, unless she has a viable excuse to not be there then it wont go down well.On my first few hearings my ex's solicitor did all the talking but they often conversed with each-other. However, the hearing may get cancelled and put to another date to ensure she is there or decisions may get may in her absence, but as i said, judges dont look kindly on either party not turning up to hearings.

Paul

I agree to some extent, but if she is sending a legal representative, then the court will probably accept that. Hopefully, any initial decision will be weighted in your husband's favour though if there is anything that needed her input.

I think it's likely to be adjourned, as you say her absence doesn't allow for any kind of negotiation.

I doubt it will have far reaching implications for her or the case, except that it will delay it further and this is usually the motivation.

Do let us know how it goes...all, the best

Thanks for your thoughts everyone, I'm finding this board very useful.

Her solicitor replied and supposedly she will be attending, that's good news. Her solicitor also said that she is very keen to mediate . She previously refused.

Two questions:

Will it now look bad on my husband if he refuses, considering he has already offered mediation and she refused? One session is half the,cost of the court application fee, which he wouldn't have submitted had she agreed to mediation when it was offered!

If he agrees to mediation can he stipulate that only on the condition that if any agreement is reached, her solicitor is to make this into a consent order and is stamped by the Court?

Thank you so much in advance 🙂

There's no reason for your husband to refuse, it can run in tandem with the court case, but your husband can express the wish to continue with the case as she has previously refused mediation and been against any form of informal negotiation.

Your husband can make the point to the solicitor that whilst he would agree with mediation, he has already paid for a MIAM, which she refused to attend and that if she is prepared to pay for his next session you will attend, but that you feel it should be with the mediator that you have already had the MIAM with, he knows your case and he is equidistant for both of you to travel to.

Your husband can also stipulate that any agreement reached must be put to the court and made into a consent order.

Thanks for the advice Mojo...and the idea of requesting she pay for his first session has certainly made me chuckle (believe me, pigs will fly before this happens

....with this approach, your husband isnt refusing her request for mediation, but putting the ball firmly back in her court...for her to refuse!

...it's also better to communicate in writing, so that you have a record of what is being said.

Always keep it civil and look for ways to appear to be reasonable....it's reasonable to expect that mediation should continue with the mediator that you had the MIAM with initially, equally it's reasonable to share the burden of travelling to and fro from the mediator.

Glad I made you chuckle 😆