Response to respondents affidavit and first hearing

[miguel]

Thanks very much for the responses so far, I'll prepare for what you've written in addition to what I think will happen and hopefully be 70+ percent prepared.

If the case is stood down pending negotiations which is likely as the other party has flagged they want this, and I'm amendable to it, can what is said in those discussions be used in evidence?

 

[thatbloke]

Thanks very much for the responses so far, I'll prepare for what you've written in addition to what I think will happen and hopefully be 70+ percent prepared.

If the case is stood down pending negotiations which is likely as the other party has flagged they want this, and I'm amendable to it, can what is said in those discussions be used in evidence?

Not really... nothing that is said in the room is confidential but you won't get very far saying anything beyond we could not agree to anything and this with the sticking point

Another thing to consider is that you can go back into the court room with a limited issues thing which means you have agreed on everything except one point (holidays) and you would each like to give submissions and let the judge decide. The more you agree on, the better the court will like it. You do not have to go back into the court saying "we have inly one point in contention therefore everything else is out the window"

Although that does sometimes happen, especially to SRL's who are put under pressure. I have seen a "take it all or leave it all" situation turned into a "let the judge decide on one issue" thing a few times

 

[Rod]

nothing that is said in the room is confidential

Not necessarily true, depends on the agreement the mediators use. Which type is commonly used I have no idea.

 

[thatbloke]

Not necessarily true, depends on the agreement the mediators use. Which type is commonly used I have no idea.

If it's official mediation you are spot on but If it's just my general chit chat between the parties it's open slather unless agreed... as I said before you won't really get very far talking about what happened during negotiations apart from we worked it out or we didn't work out and here is why.

Unless of course you're an icl... then you can blab away all afternoon to the court about what either party said in the room

I like people negotiating as much as they can and then go back in with limited issues if need be it's so much easier to sort out for the judge

 

[sammy01]

Mate i think u are doing well accept a slow increase in care if it is offered. Be seen as the one willing to compromise and dont get caught up on minute detail.
Forget denegration or kids being able to bring stuff from house to house... to hard to enforce.
Try and sort stuff so u pick kids up from school. Makes it harder for her to withold.