Denver, CO asked in Family Law and Arbitration / Mediation Law for Colorado

Q: What to do after no response from respondent and not attending mediation

I am the petitioner and the mother. I filed 56 days ago and the respondent was ordered to respond within 21 days. He has not responded and has not made and mandatory disclosures but did attend the initial status conference where they ordered us to mediation. It was ordered to schedule mediation within 14 days and for both parties to participate in scheduling. The respondent did not answer until 20 days after the order. Which I still contacted the mediator and attempted to schedule but can not be scheduled until both parties pay the fee. I paid the fee and we are waiting on the respondent to pay his. Our mediation is supposed to be in 2 days. What can I do next if he does not pay and does not attend mediation? Can we potentially enter a default judgement? I’m not sure where to go or what to do next. Any help is appreciated!

1 Lawyer Answer
Steven  Visser
Steven Visser
  • Colorado Springs, CO
  • Licensed in Colorado

A: I would suggest asking the mediator to file a certificate with the Court indicating that you attempted to schedule the mediation and paid your portion of the fees. If that does not occur, then I would file a status report with the Court stating everything you have done up to this point. Regarding the mandatory disclosures, you may want to consider filing a motion to compel his compliance. Make sure you are paying close attention to any deadlines as outlined in any case management orders including setting the matter for Final Orders. If things continue as they have been, then yes, I would request that the Court enter default orders against the Respondent.

Rebecca Pescador agrees with this answer

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