I’m confused. You HIRED an attorney through Legal Aid? Where does Legal Aid charge for legal services? Their purpose is to represent people free of charge. “Hired” doesn’t enter the equation.
I have no idea what the cost of mediation will be because it’s not a Federal problem, not Federal Law, and I don’t know where you are. In MY State mediation costs are ALWAYS split between the parties. I suspect one of the reasons is to force a settlement. You and your husband can agree between the two of you OR you can go to mediation, spend a fair amount of money and then come to an agreement. In MY State you can request the Court to order the party with the superior income (your husband) to pay YOUR expenses, but, again, I don’t know where you are. What should you do? Borrow from relatives OR come to an agreement which doesn’t require mediation.
If you don’t have all of the necessary paperwork the mediator will adjourn the session(s) until all of the paperwork is available. Why would your attorney spend the time and effort NOW to get the financial documents when the mediator will force their release to your attorney (and, ultimately, you)?
He probably doesn’t feel like arguing with you over the mediation agreement and financial issues. He prefers to find out what your husband’s legal counsel is saying, then your attorney will know where your husband stands, then he can discuss what he has learned with you. Nothing unusual.
How to you “know” that the case will be dismissed after a mediation agreement and you will need to open a new “case”? What “case” are you talking about? Are you talking about having to file a new Summons/Complaint for divorce? Why, if the lawsuit has been commenced, would you have to start a NEW lawsuit?
Let’s see. The attorney is handling the “case” the way he wants to handle the “case,” not in accordance with what you want.
My suggestion? If you are smarter than your attorney, if you know the process better than he does, if you can better represent yourself, then represent yourself.
You are not his only client. You apparently have little understanding of the process. I would not be the least bit surprised if a Legal Aid attorney would tell the Court he cannot work with you and ask to be released from representing you. Then you can handle the “case” any way you want.
By the way, it’s not a “case.”