Q: The mediator in my divorce is showing strong bias toward my husband. Is there anything I can do?
The mediator will not reply to my emails, including simple questions like “What is the status of the MSA?” He shows everything to my husband first, and only loops me in later (sometimes weeks or months later), and has taken no consideration of my side. At best, he is completely incompetent at his job, and at worst he is manipulating the situation with a strong bias toward my husband. Is there anything I can do?
A:
In California, mediation is a voluntary process, and both parties have the right to a fair and unbiased mediator. If you believe that your mediator is biased or not fulfilling their duties properly, you have several options:
1. Discuss your concerns with the mediator: If you haven't already, express your concerns about the mediator's behavior directly to them. Provide specific examples of instances where you felt they showed bias or acted inappropriately.
2. Raise the issue with your attorney: If you have legal representation, inform your attorney about the situation. They can advise you on the best course of action and potentially communicate with the mediator or your husband's attorney on your behalf.
3. File a complaint with the mediator's organization: If the mediator belongs to a professional organization, such as the California Lawyers for the Arts or the Association for Conflict Resolution, you can file a formal complaint with the organization, detailing the mediator's misconduct.
4. Withdraw from mediation: If the mediator's bias is severe and you believe it is compromising the fairness of the mediation process, you have the right to withdraw from mediation. Inform the mediator and your husband (or his attorney) in writing that you no longer wish to continue with the current mediation process due to the mediator's bias.
5. Request a new mediator: If both you and your husband agree that the current mediator is not suitable, you can jointly request a new mediator to handle your case.
6. Proceed to court: If mediation fails due to the mediator's bias or other reasons, you may need to proceed with traditional court litigation to resolve your divorce. Your attorney can guide you through this process.
Remember, the goal of mediation is to reach a fair and mutually agreeable resolution. If the mediator's actions are preventing this from happening, it is essential to take action to protect your rights and interests.
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