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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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1)Is there a process to withdraw or delay FDA if both parties

Resolved Question:

(1)Is there a process to withdraw or delay FDA if both parties agree to talk through mediators (not appointed by Court)
(2) Will it prejudice our stand if we ask the opposing solicitors in reply to their letter that their Client in the past has not been forthcoming with answers to specific questions in earlier correspondence or has even replied to some letters from Jatin, but if she is willing to supply sworn Form E within the next 30 days with a view to proceed with the mediation before the FDA, and if outline agreement is achieved, the court endorsement can be obtained.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
When is the FDA? Mediation can take place in the interim, however it may not be in your interest to delay this as the Court will not want the matter to drag on. If an agreement is reached through mediation this can be produced at the FDA for the judge to approve. If you still wish to, you can apply by agreement from your ex-wife for the FDA to be adjourned.
I don't see how it will prejudice your position by informing her solicitors that she has not been forthcoming to previous questions raise in correspondence. It will be preferable for both of you to have Forms E ready for any mediation appointment as this will make negotiations easier.
In any event, if mediation does not take place prior to the FDA, then the Court will request that you both negotiate at the FDA with a view to settling the matter.
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I have been a family lawyer for more than 30 years.1. It is indeed possible for you both to apply to adjourn the FDA to allow mediation to proceed2. If your ex has offered mediation then rather than take the approach you outline in your letter you should simply say yes or no and not create conditions - as otherwise the letter can and will be used as evidence of your intransigence.If you do not trust her to be honest then far better to allow the FDA to go ahead and suggest an adjournment for mediation once the FDA process is complete and there has been full disclosure
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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